Credit card fraud is subdivided into different statutes depending on the nature of the crime. Actions that constitute credit card fraud range from using stolen credit cards to counterfeiting and publishing another person’s credit card information. You will face different charges and penalties for violating each statute.

The stakes are high for defendants facing credit card fraud charges in California. Therefore, hiring and retaining a skilled criminal lawyer is in your best interests if you face charges under one of these statutes. Your attorney will help you understand the nature of your charges and build a solid defense to ensure you avoid the consequences of a conviction.

At Monterey Criminal Attorney, we understand the impact a credit card fraud conviction can have on your freedom and future. We serve clients seeking legal guidance and representation to fight fraud and crime charges in Monterey, CA.

Overview of Credit Card Fraud

You commit the crime of credit card fraud by fraudulently acquiring, transferring, or using a credit card or its details. This means that your actions caused or have the potential to cause substantial loss to the credit card owner or another person. Under California law, credit card fraud is categorized into different statutes, including:

Credit Card Theft

Stealing someone else’s credit card information is a crime charged under California Penal Code 484e. The prosecution must prove these elements to secure a conviction:

You acquired, transferred, sold, or retained credit card information belonging to another person.

  • You did not have consent from the credit card owner.
  • You acted with fraudulent intent.

Depending on the circumstances of the case and your criminal history, stealing a credit card can be charged as a felony or a misdemeanor. A misdemeanor conviction under this statute is punishable by a maximum of one year in jail. And fines not exceeding $1,000. When charged as a felony, the crime is punished by up to three years in prison.

Forging a Credit Card

You can be charged with forging a credit card under Penal Code 484f for engaging in the following acts:

  • Altering a credit card or its information.
  • Making a false credit card.
  • Signing someone else’s name for a credit card transaction without their consent.

You will be found guilty under this statute if the prosecution proves that you engaged in these acts with fraudulent intent. A violation of Penal Code 484f can be charged as a misdemeanor or a felony. In this case, a misdemeanor conviction is punishable by a year in jail, while a felony conviction will see you spend up to three years in prison.

Fraudulent Credit Card Use

If you knowingly use a stolen, expired, revoked, or altered credit card, you can be arrested and charged with credit card fraud under California Penal Code 484g. The prosecutor must prove you lacked the cardholder's consent and intended to commit fraud before your conviction. Depending on the amount you defrauded or intended to defraud, a violation of this statute can be charged as grand or petty theft.

The penalties for fraudulent use of a credit card could range from a year in jail for a misdemeanor to three years for a felony.

Retailer Credit Card Fraud

Credit card fraud is common in retail stores. California law makes it a crime for retailers to engage in these acts:

  • Accepting the use of credit cards that are now stolen.
  • Providing proof of a credit card part for a value that does not equate to the goods or services provided.

Engaging in these acts with fraudulent intent could result in your arrest and conviction under Penal Code 484 h.

Publishing of Credit Card Information

You can be arrested and charged with fraud if you publish another person’s credit card information without their consent. Publishing, in this case, involves communicating the information orally or electronically.

Publishing credit card information is a misdemeanor punishable by a jail sentence of up to six months. Sometimes, you can avoid incarceration for this offense by serving misdemeanor probation.

Credit Card Fraud as a Federal Crime

Like many fraud crimes, you can be arrested and charged with credit card fraud in federal court. Under U.S. Code 18.1029, you can be charged with a federal crime of trafficking, possessing, or manufacturing equipment for making counterfeit credit cards. Additionally, you could be charged in federal court for attempting to obtain goods worth $1,000 or more using another person’s credit card information.

Credit card fraud can have harsh legal and collateral consequences when charged in federal court. A conviction for the offense can see you spend up to twenty years in federal prison and hefty fines. Unlike in state court, where you can avoid serving your complete sentence behind bars, you must serve most of your sentence when your crime is charged in federal court.

Defenses against Credit Card Fraud Charges

A conviction for credit card fraud can have devastating effects on your life. The conviction taints your criminal record and can impact your personal and professional lives. Therefore, if you face an arrest and charges for the offense, you must be aggressive to fight the charges and secure a favorable case outcome. The first step in the journey to beat your charges is to hire a skilled criminal lawyer who can help you present the following defenses:

No Fraudulent Intent

One of the critical factors that the prosecution must prove to establish your liability for each credit card fraud offense is that you acted with fraudulent intent. Under California law, fraudulent intent is the intention to gain at the expense of another person wrongfully. If the prosecution does not prove this element beyond a reasonable doubt, you can avoid a credit card fraud conviction.

For example, if you attempt to use a credit card that you did not realize expired at a gas station, your attorney can help you argue your lack of knowledge about the status of the card and, thus, your lack of fraudulent intent.

Insufficient Evidence

The prosecution must prove all the elements of your crime before facing a conviction for credit card fraud. Proving these elements requires the prosecution team to present physical evidence, circumstantial evidence, and witness testimony to back their claims. With the guidance of a reliable fraud crime defense attorney, you can create doubt in the prosecutor’s case and argue that there is insufficient evidence to convict you of the crime.

False Allegations

Allegations of fraud crimes based on false allegations are common in California. A person can falsely accuse you of stealing a credit card, fraudulently transferring credit card information, or other forms of fraud out of anger, jealousy, or a revenge plot. If you are charged with a crime, you did not commit it. You will need a skilled lawyer to help uncover the false allegations and avoid the harsh consequences of a conviction.

Entrapment

Credit card fraud is a commonly prosecuted offense in California. Law enforcement officers can set up a sting operation if your offense is part of a large-scale, elaborate scheme. Entrapment could be a valid defense if your arrest for credit card fraud results from the sting or undercover operations.

You are a victim of entrapment if the idea of committing credit card fraud originates from law enforcement officers. Police officers are legally expected to uphold specific standards of professionalism during their investigations and interrogations. Failure to do this could result in the dismissal of the evidence that they gather.

Credit card fraud is a crime that could not only land you in jail but also ruin your reputation and career. Therefore, if you are a victim of entrapment, you can seek to have your case dismissed.

Duress

You can use a duress defense to defend against credit card fraud charges if another person forces you to commit the offense. Arguing that you were under duress will help you prove a lack of fraudulent intent, a critical element in your case. The court will accept the duress defense if:

  • You or someone else was in danger of severe injury or death.
  • The person threatening your safety gave a condition on you engaging in credit card fraud to avoid facing harm.
  • You reasonably believed that your safety was in jeopardy.

Frequently Asked Questions on Credit Card Fraud in California Law

Facing an arrest and charges for credit card fraud is a traumatizing experience. The anticipation of the case outcome and the fear of incarceration and other consequences of a conviction can take a toll on your life. When you are charged with credit card fraud, you may be unsure of how to protect your rights and fight the charges. The following are frequently asked questions on credit card fraud:

Is credit card fraud a felony or a misdemeanor?

Credit card fraud is categorized into different statutes, which vary depending on how you fraudulently obtained or used a credit card. The crime is a wobbler, meaning violating the statutes can attract felony or misdemeanor charges. Whether the prosecution will file a felony or a misdemeanor charge against you will depend on the following factors:

  • The actual or intended loss. You commit a crime of credit card fraud if you use, purchase, sell, or obtain credit card information with fraudulent intent. If you caused or intended to cause a substantial financial loss to the credit card owner, you could be charged with a felony.
  • Your criminal history. California law is strict on repeat offenders. If you have a conviction for credit card fraud or another fraud crime, the prosecution will file a felony charge against you. This will ensure that you face maximum punishment for your offense.
  • Nature of your acts. How you obtain or transfer credit card information for fraud can determine how your offense will be charged.

Will my credit card fraud Conviction impact my immigration status?

Your conviction for credit card fraud will have severe immigration consequences. Following your conviction, you could be deported. Deportation involves forceful removal from the United States. On the other hand, you could be rendered inadmissible, meaning you cannot return to the country once you leave.

Can I expunge a credit card fraud Conviction?

Yes. The consequences of a conviction for credit card fraud go beyond incarceration and fines. Even after serving your sentence, the conviction will remain on your record and can impact multiple aspects of your life.

Fortunately, California law allows you to avoid the disabilities of your criminal conviction through different forms of post-conviction relief. An expungement is a legal proceeding where the court allows you to withdraw a guilty or no-contest verdict and exchange it with a not guilty verdict before the dismissal of your case.

After your credit card fraud conviction, you can seek an expungement if you meet the following eligibility criteria:

  • You complete your probation successfully. Instead of serving your full jail or prison sentence, the court can sentence you to probation. The probation allows you to serve part of your sentence on community service. Felony probation lasts up to five years, while misdemeanor probation lasts up to three years. Before an expungement, you must have served the full probation term and followed the probation conditions.
  • You did not commit other crimes while on probation. One of the most significant conditions of a probationary sentence is to follow the probationary conditions. These include reporting your progress to the court or probation officer and avoiding criminal conduct. You can expunge your conviction if you did not violate these conditions.

Can a conviction for credit card fraud affect my gun rights?

Although credit card fraud is not a violent offense, your conviction for the offense can affect your gun rights. This could be the case if your crime is charged as a felony. California law prohibits the possession, purchase, or use of firearms by convicted felons. Therefore, if your felony credit card fraud charge ends in a conviction, you must surrender all your firearms to the law enforcement department.

Your firearm ban could range from ten years to a lifetime, depending on the circumstances of your case.

Offenses Related to Credit Card Fraud

Due to the increased use of technology, credit card fraud has become a common offense in California. If you are charged with this crime, the prosecution can introduce the following related offenses to your case:

Forgery

Under California PC 470, forgery involves falsifying signatures or counterfeiting documents for fraudulent purposes. You can be arrested and charged under this statute for engaging in the following acts:

  • Signing someone else’s name without their consent.
  • Altering or falsifying legal documents.
  • Counterfeiting a seal or another person’s handwriting.
  • Altering or falsifying legal and financial documents.

If you are charged with credit card fraud for altering credit card information, you could face forgery charges alongside the credit card fraud charge. Forgery is a wobbler. This means that the crime can be charged as a felony or a misdemeanor, depending on the circumstances of your case.

As a felony, forgery is punishable by up to three years in prison and fines that do not exceed $10,000. A misdemeanor conviction, on the other hand, could see you spend up to one year in jail and pay a maximum of $1,000 in fines. You must contact a skilled criminal lawyer if a forgery charge is introduced in your credit card fraud case.

Petty Theft

Petty theft is a commonly prosecuted offense in California courts. Under California PC 484, petty theft involves taking goods or property worth $950 or less. If you counterfeit a credit card or use another person’s credit card to cause them a loss of $950 or less, you can be charged with petty theft alongside credit card fraud.

Petty theft is a misdemeanor punishable by up to six months in county jail. If you are a first-time offender, your attorney can negotiate a probation sentence instead of incarceration. This means that you will serve up to three years of community service. As part of your probation, the court could order that you repay the victim of your crime for their losses and pay court fines of up to $1,000.

Identity Theft

Under California law, using another person’s identification information for fraud is a crime. You can be found guilty of violating California PC 530.5 if the prosecution proves that you engaged in the following acts:

  • You willfully obtained another person’s information without their consent.
  • You took someone else’s identification information with fraudulent intent.
  • You sold, provided, or transferred another person’s information without their knowledge or consent.

Under this statute, personal or identification information could be anything from a person’s date of birth to a social security number. Driver’s license number or bank account information. You will be charged with identity theft and credit card fraud when you impersonate someone else and use their credit card information fraudulently.

The prosecution in your case can file a felony or misdemeanor charge against you for identity theft. Your criminal history and the nature of your acts will be significant determinants of the nature of your charge. When charged as a misdemeanor, violating PC 530.5 is punishable by a year in jail. As a felony, the offense will see you spend a maximum of three years in jail.

If you face charges under this statute, you will need a reliable defense attorney to help you fight the charges or convince the prosecutor to charge you with a misdemeanor with fewer legal and collateral consequences.

Grand Theft

California PC 487 defines grand theft as stealing more than $950 worth of money, property, or labor. Grand theft can be accomplished by trickery, larceny, or embezzlement. If you use another person’s credit card for fraud and cause them a loss of more than $950, you can be charged with grand theft and credit card fraud.

Grand theft is a wobbler. This means that you can be charged with a felony or a misdemeanor. Felony grand theft is punishable by up to three years in prison, while a misdemeanor conviction for the offense will result in a one-year jail sentence. In addition to incarceration, you could face lasting collateral consequences.

Unauthorized Computer Access

Under California PC 502, accessing another person’s or company’s computer, software, or data is a criminal offense. You will be arrested and charged with this offense if the prosecution can prove beyond a reasonable doubt that you accessed the information without consent from the owner. Another factor that must be clear to obtain a conviction under this statute is that you acted with fraudulent intent.

Most violations under PC 502 are wobblers. Your offense can attract charges and punishment for a misdemeanor or felony. The court will sentence you to a year in jail and fines of up to $5,000 if your offense is charged as a misdemeanor.

For repeat offenders or defendants who cause substantial financial losses to the victims of their actions, the prosecution will file a felony charge. A conviction in this case can result in imprisonment for up to three years and $10,000 in fines.

Find a Competent Criminal Defense Lawyer Near Me

California law prohibits the fraudulent access and use of credit cards. You can be arrested and charged with credit card fraud for stealing a credit card, purchasing credit card information, publishing another person’s credit fraud information, and forging credit cards.

Although credit card fraud is a white-collar crime that does not involve harming or causing injuries to other people, it can result in severe financial losses. For this reason, credit card fraud offenses are harshly persecuted in California. A conviction for credit card fraud can see you spend time behind bars and pay hefty fines.

Sometimes, the victims of your crime can file a civil claim against you, seeking compensation for the losses. Fortunately, not all arrests for credit card fraud result in a conviction. With the guidance of a skilled criminal defense lawyer, you can build a solid defense to fight the charges and avoid the consequences of a conviction.

If you or a loved one faces criminal charges for credit card fraud in Monterey, CA, you will benefit from the expert legal insight we offer at Monterey Criminal Attorney. Contact us at 831-574-1791 today to discuss the details of your case.