Using another person’s credit card fraudulently is a crime under California PC 484(e, f, g, h, i, and j). These penal codes make it a crime to use an expired, knowingly, revoked, altered, forged, or fake credit card to get cash or buy items. There are different forms of credit card fraud, including using stolen credit cards, counterfeiting cards, and obtaining fraudulently.

Credit card fraud is a serious offense that can cost you hefty fines and jail time and affect your business when convicted. This is also a federal crime, meaning the federal prosecutor can convict you if you have committed the crime against the government or across state lines. If you are being investigated for credit card fraud, it is important to reach out to a skilled criminal defense attorney for help and guidance. Our experienced and knowledgeable criminal defense lawyers at California Criminal Lawyer Group in Santa Ana are committed to helping you and your loved ones attain the best possible defense. We offer both online and in-house consultation.

Legal Definition of Credit Card Fraud

In California, you can be convicted under PC 484 for knowingly using a credit that is:

  • Expired
  • Revoked
  • Altered
  • Counterfeited
  • Forged
  • Stolen

to acquire anything of value.

Note that you can only be convicted for this crime if you intended to defraud and did it without the card holder's consent. In this case, defrauding means, you acted fraudulently by trying to acquire something beneficial with deceit.

There are certain elements that the prosecutor needs to prove for you to be convicted of credit card fraud. They must prove that you used a forged credit card or fake your identity to obtain money through a credit card. The elements for this crime that the prosecutor must prove include:

  • The defendant used forged or altered account information or credit card
  • The defendant knew or should have known that the card or account info was forged or had been altered with
  • The cardholder had not granted the defendant permission
  • The defendant intended to acquire a valuable item
  • Their intent was also to defraud

Statutes that Prohibit Credit Card Fraud Under California Law

Credit card fraud is outlined in different sections of penal code 484. These sections include:

  1. Stolen Credit Cards (Ca penal code 484e)

This statute prohibits selling, transferring, or conveying a credit card without the consent of the owner of the issuer. If accused of this crime, you may be charged with grand theft under California law.

Penalties for Penal Code 484e

A violation of penal code 484e is charged as a Grand Theft and convicted as a wobbler, meaning the prosecutor can charge it as a felony or misdemeanor. If charged with a misdemeanor, you are likely to face the following penalties:

  • maximum fines of $1,000
  • Detainment in county prison for one year

If charged with a felony, you are likely to face the following:

  • Maximum fines of $10,000
  • Detainment in state prison for up to three years

  1. Forging Card Information (Ca penal code 484f)

Under this statute, it is an offense to sign another person’s name in a transaction without the owner’s consent, counterfeit a fake credit card, or manipulate a credit card. This offense can be charged as a misdemeanor or a felony, depending on the case's factors.

Penalties for Penal Code 484f

A violation of penal code 484f is filed as a forgery, and the crime is considered a wobbler under California law. If charged with a misdemeanor, you are likely to face the following penalties:

  • Maxim fines of $1,000
  • Detainment in county jail for one year, and b
  • Victim restitution

  1. Using a Credit Card or Card Account Fraudulently (Ca penal code 484g)

This statute prohibits knowingly using a revoked, expired, forged, altered, stolen, or fake credit card to obtain cash or valuables. You are likely to be charged with Grand Theft if the valuables or cash obtained was more than $950.

Penalties for Penal Code 484g

A violation of this statute is charged as a Grand Theft or petty theft. If the items in question have a value of less than $950, the crime will be charged as a misdemeanor, and the penalties include:

  • Maximum fines of $1,000
  • Detainment in county jail for one year
  • Informal probation

If the items are worth more than $950, this offense is charged as a felony Grand Theft, and the penalties include:

  • Maximum fines of $10,000
  • Detainment in state prison for three years
  • Felony probation

  1. Retailer Card Fraud (Ca penal code 484 h)

This statute prohibits retailers from receiving payment from a revoked, fake, stolen, or expired credit card or issuing false transaction details to receive payment for goods or services that did not take place. If this fraud involves an amount exceeding $950, you will likely face Grand Theft charges.

Penalties For Penal Code 484 h

A violation of this statute is either charged as a Grand Theft or petty theft. If the items in question are worth less than $950, the offense will be charged as a petty theft misdemeanor, and the penalties include:

  • Maximum fines of $1,000
  • Detainment in county jail for one year
  • Informal probation

If the items have a value of $950 and above, the offense will be charged as a felony grand theft, and the penalties include:

  • Maximum fines of $10,000
  • Detainment in state prison for three years
  • Felony probation

  1. Counterfeit Credit Card (Ca penal code 484i)

This statute prohibits assessing an incomplete credit card to complete it without authorization from the issuer. It also prohibits modifying, altering, or changing credit card details to defraud. You can also be convicted under this penal code for making, possessing, or trafficking incomplete cards or credit card-making machines with the knowledge that the person you are delivering will make counterfeit credit cards. If found possessing an incomplete card, you may be charged with a misdemeanor. On the other hand, the criminal will be charged as a wobbler if you are convicted of trafficking or possessing credit card-making equipment.

Penalties for Penal Code 484i

As stated above, this offense can be charged as a misdemeanor or a felony. If charged as a misdemeanor, the penalties include:

  • Maximum fines of $1,000
  • Detainment in county jail for one year
  • Informal probation

If charged with a felony, the penalties include:

  • Maximum fines of $10,000
  • Detainment in state prison for three years
  • Felony probation

  1. Communicating Card Information (Ca Penal code 484 j)

Publishing credit card information for a private account, e.g., passwords or PINs, defrauds an entity or an individual. If convicted of this offense, you will face misdemeanor charges.

Penalties For Penal Code 484 j

This offense is always charged as a misdemeanor, and the penalties include:

  • Maximum fines of $1,000
  • Detainment in county jail for one year
  • An informal probation

An Overview of Credit Card Penalties in California

As stated above, most sections under PC 484 are charged as wobblers. And even though proving losses is not a necessity under these sections, here are some takeaways:

  • A loss of items valued above $95 is always charged as a felony and not a misdemeanor
  • PC 484 j (publishing card information is the only exception as it is charged as a misdemeanor
  • The subsections charged as wobblers, misdemeanor convictions result in fines of $1,000 and one-year detainment in county jail, while felony convictions lead to fines of $10,000 and three years detainment in state prison

Note that there are several factors that the prosecutor looks at to determine how they will charge a credit card fraud. These factors include:

  • The defendant’s criminal history
  • The actual or intended loss amount
  • The nature of the case and factors revolving around it

Federal Credit Card Fraud

If the credit card fraud involved a large scheme, was against a government entity, or occurred across state lines, you might be charged with a federal crime. This means that the offense is more severe, and the penalties will be more severe. If you are accused of credit card fraud against the United States Government, you will be prosecuted under 18 U.S.C. 1029.

Agencies like the FBI investigate federal crimes, and their penalties are more aggressive. If you are convicted of credit card fraud under federal laws, you are likely to be detained in state prison for twenty years and be required to pay hefty fines based on the amount of money involved in the fraud.

Does Credit Card Fraud Have Any Immigration Consequences?

Based on the severity of the crime in question, credit card fraud may negatively affect non-citizens. If you are a non-citizen and you have been convicted for a serious/felony credit card fraud or an aggravated felony, your risk:

  • Being deported, or
  • Marked inadmissible

Under United States immigration law.

Does a Conviction For Credit Card Fraud Affect Gun Rights?

If you are convicted of credit card fraud, it may affect your gun rights. Under California law, any person convicted of an aggravated felony is not supposed to possess or own guns.

Can a Conviction Get Expunged?

If you are convicted of credit card fraud, you may have your charges expunged if you:

  • Complete your probation term successfully
  • Complete your jail time

Note that your charges can still get your charges expunged even after violating a probation term, but this solely depends on the judge. After an expungement, you will be released from penalties arising from the charges.

Legal Defenses to Fight Credit Card Fraud Charges

You can use various defenses to fight your credit card charges and receive a lesser charge or have your charges dismissed completely. Some of the most common defenses include:

  • Your intent was not to commit fraud — One of the major elements of credit card fraud is the intent to commit fraud. You could not be convicted for this offense if your intent was not to defraud. You can argue that your actions were an honest mistake.
  • There was no probable cause — According to the U.S constitution, law enforcement officers must have probable cause before arresting and detaining you. If the police arrested you without probable cause, any evidence they will obtain after an improper arrest could be excluded from your case. If you can prove that you were arrested without probable cause, any evidence obtained and presented after that will likely be excluded, and this may result in a lesser charge or even the dismissal of your case.
  • Illegal search and seizure — The constitution protects you from unlawful search and seizure. If the police obtained any evidence during an unreasonable search and seizure, the evidence would likely be excluded from your case, which means you are likely to face a lesser charge, or your charges may be dismissed.
  • You had consent from the cardholder — For you to be convicted for credit card fraud, you must have used a credit card without the owner’s consent. You could argue that you believed that the card owner had authorized you to make the transactions, and a misunderstanding arose. Ensure you discuss all the details with your criminal defense attorney so that they can create a solid defense for you based on your case.
  • Insufficient evidence — To be convicted for this offense, the prosecutor must prove every element beyond a reasonable doubt. With the help of your criminal defense attorney, you may be able to find the missing points of the evidence presented and use that to fight your charges and, in turn, receive a lesser charge.
  • False allegation — Just as in any other case, you could be falsely accused of committing credit card fraud. You could be accused by an ex-spouse trying to seek revenge or a person looking to have you locked up in jail for no reason. You can use your attorney, witnesses, and other evidence to show that the allegations are false.
  • Prefiling Intervention — our criminal defense attorney may be able to persuade the prosecutor to reduce your charges from a felony to a misdemeanor. Sometimes, our attorneys can persuade you to have your charges withdrawn completely.

Related Offenses

There are various crimes that are charged alongside or together with credit card fraud. These offenses include:

Forgery — California Penal Code 470

Forgery is defined under California law as a person knowingly and intentionally creating, altering, or using a written document to commit fraud. The intent is the major element in forgery, and you can't be convicted for forgery if your intent was not to defraud a person or entity. A person is said to have committed a forgery in California if they:

  • Sign another person’s name without the owner’s authorization
  • Forge or counterfeit someone else’s handwriting or document
  • Falsifying, corrupting, or altering legal documents like court records or wills
  • Uttering, publishing, counterfeiting, altering, or falsifying documents like money orders, bonds, checks, contracts, lottery tickets, etc

For you to be convicted, the prosecutor must prove beyond reasonable doubt that:

  • You committed any of the forgery crimes listed above, and
  • You acted with an intent to defraud another person or entity

Penalties for Forgery Cases

Forgery is considered a wobbler under California law meaning the prosecutor can charge it as a felony or a misdemeanor. The prosecutor will look at your criminal history, the amount of loss involved, and the severity of the offense before deciding how to charge you. If charged with a misdemeanor for forgery, your penalties may include:

  • Maximum fines of $1,000 plus other restitution fines
  • Detainment in county jail for one year

If charged with a felony, your penalties may include:

  • Maximum fines of $10,000 plus other restitution fines
  • Detainment in state prison for three years

Identity Theft — California Penal Code 530.5

Identity theft is described as obtaining another person’s private information and using it for an unlawful purpose. This information can be passwords, PINs, and account numbers. In other words, identity theft means attempting to obtain or obtain services, goods, credit, or medical treatment through another person’s name without their authorization.

Examples of personal identifying information include:

  • Date of birth
  • School identification
  • Alien registration number
  • Employment ID number
  • License number
  • Passport number
  • Credit card number, etc

Penalties For Penal Code 530.5

Identity theft is considered a wobbler under California law. If charged with a misdemeanor for identity theft, you are likely to face the following penalties:

  • Maximum fines of $1,000
  • Summary probation
  • Detainment in county jail for a year

If charged with a felony, you are likely to face the following penalties:

  • Maximum fines of $10,000
  • Detainment in state prison for three years
  • Formal probation

Immigration Consequences

If convicted under PC 530.5, your immigration status may be affected. A conviction for this crime can lead to a deportation or denial of entry for non-citizens.

If you are charged with a felony of identity theft, you risk losing your gun rights and may not be allowed to possess or own a gun.

Burglary — California Penal Code 459

This crime is defined under California law as when a person enters a dwelling place without the owner’s consent with the intent to commit a felony. For a person to be convicted under this statute, they must have entered a dwelling structure or vehicle to commit a serious crime or intended to steal goods or cash worth more than $950.

There are two different types of burglary; First-degree burglary and second-degree burglary. For you to be convicted for first-degree burglary, you must have entered a residential property with the intent to commit a felony. Residentials include RVs, boats, houses, or apartments. To be convicted of second-degree burglary, you must have entered a structure that is not a residential property.

Penalties For Penal Code 459

First-degree burglary is often charged as a felony, and its penalties include:

  • Maximum fines of $10,000
  • Detainment in state prison for six years
  • Formal probation

Punishment for second-degree burglary is considered a wobbler meaning the prosecutor can charge it as a felony or a misdemeanor. If charged with a felony, you are likely to face the above penalties. On the other hand, if you are charged with a misdemeanor, you are likely to face the following penalties:

  • Maximum fines of $1,000
  • Detainment in county jail for one year
  • Informal probation

Unauthorized Computer Access — California Penal Code 502

This offense is defined as when a person accesses someone else’s computer network, software, data, or computer without the owner’s consent. You can be convicted under this statute if you destroy, delete, damage, or alter another person’s data with the intent to commit a crime, cause harm, or defraud without their permission. The common elements of this crime are:

  • Knowingly, and
  • Without authorization

Penalties for Penal Code 502

This offense is mainly charged as a wobbler. If charged with a misdemeanor, you are likely to face the following penalties:

  • Maximum fines of $5,000
  • Detainment in county jail for one year
  • Informal probation

If charged with a felony, you are likely to face the following:

  • Maximum fines of $10,000
  • Detainment in state prison for three years
  • Formal probation

A conviction under this statute does not affect your immigration status negatively.

Petty Theft — California Penal Code 484,488

When a person shoplifts or steals goods or cash that value less than $950, they are mainly charged with petty theft under California law. Petty theft is charged as a misdemeanor, and its penalties include:

  • Detainment in county jail for six months
  • Three years probation, or
  • Maximum fines of $1,000

Find a Santa Ana Criminal Defense Attorney Near Me

If you face credit card fraud charges, it is essential to reach out to a skilled criminal defense attorney to learn if your charges can be reduced or dismissed. Our experienced and professional lawyers at California Criminal Lawyer Group are dedicated to helping our clients advocate for their rights fiercely. Call us today at 714-844-4151 for a free and detailed consultation with a Santa Ana criminal defense attorney.