What are the Penalties for Credit Card Fraud in California?

Credit card fraud is a serious theft-related offense in California that involves obtaining goods, services, or money through stolen credit card information, forged cards, or unauthorized use. Depending on the value of the stolen funds, the conviction can result in either a felony or misdemeanor offense, which carries hefty fines and the potential for time spent in prison. As such, if you are facing charges, it is in your best interest to reach out to a Tehama County theft lawyer as soon as possible to help you determine the best course of action for your case.

What Is Considered Credit Card Fraud Under California Law?

Credit card fraud is not a statutory crime in and of itself, but rather a collection of crimes under California Penal Code §§ 484e through 484j. These statutes criminalize the possession of stolen credit cards, forging or counterfeiting cards, retailer fraud, fraudulent use of cardholder information, and publishing card information with the intent to defraud. How the crimes are classified and subsequently punished depends on the monetary value involved in the defendant’s criminal history.

Types of Credit Card Fraud Recognized Under California Law

• Possessing stolen credit cards (Penal Code § 484e)
• Forging credit cards (Penal Code § 484f)
• Fraudulently using credit cards (Penal Code § 484g)
• Retailer credit card fraud (Penal Code § 484h)
• Counterfeiting credit cards (Penal Code § 484i)
• Publishing information from credit cards (Penal Code § 484j)

What Are the Penalties for Each Type of Credit Card Offense?

The penalties for credit card fraud in California are quite severe. It is a serious offense, so the repercussions are serious as well. If convicted, you can face hefty fines and even jail time. You can face misdemeanor or felony charges depending on what crime you committed and the specifics of your case.

Most credit card fraud offenses in California are considered “wobbler” offenses, meaning the prosecution may choose to file the charges as a misdemeanor or felony, depending on the specific circumstances of the crime.

Possessing Stolen Credit Cards (Penal Code § 484e)

This offense is a wobbler crime

• Misdemeanor (petty theft):
  • Up to 1 year in county jail
  • Fines up to $1,000
• Felony (grand theft):
  • Up to 3 years in jail
  • Fines up to $10,000

Forging Credit Cards (Penal Code § 484f)

This offense is a wobbler crime.

• Misdemeanor (petty theft):
  • Up to 1 year in county jail
  • Fines up to $1,000
• Felony (grand theft):
  • Up to 3 years in jail
  • Fines up to $10,000

Fraudulently Using Credit Cards (Penal Code § 484g)

This offense depends heavily on the value of the funds stolen. The $950 threshold is critical as it determines whether an offense is considered petty or grand theft. The total value obtained within a six-month period exceeds $950, the prosecution may aggregate the amount to pursue a felony offense as opposed to a misdemeanor.

• Misdemeanor (petty theft):
  • Theft of items valuing $950 or less
  • Up to 1 year in county jail
  • Fines up to $1,000
• Felony (grand theft):
  • Theft of items valuing $950 or more
  • Up to 3 years in jail
  • Fines up to $10,000

Retailer Credit Card Fraud (Penal Code § 484h)

This offense is a wobbler crime that depends on the value of the funds stolen.

• Misdemeanor (petty theft):
  • Theft of items valuing $950 or less
  • Up to 1 year in county jail
  • Fines up to $1,000
• Felony (grand theft):
  • Theft of items valuing $950 or more
  • Up to 3 years in jail
  • Fines up to $10,000

Counterfeiting Credit Cards (Penal Code § 484i)

This offense is a wobbler crime

• Misdemeanor (petty theft):
  • Theft of items valuing $950 or less
  • Up to 1 year in county jail
  • Fines up to $1,000
• Felony (grand theft):
  • Theft of items valuing $950 or more
  • Up to 3 years in jail
  • Fines up to $10,000

Publishing Information From Credit Cards (Penal Code § 484j)

This crime is a misdemeanor offense

• Up to 1 year in county jail
• Fines up to $1,000

How Do Tehama County Prosecutors Decide Whether to File a Misdemeanor or Felony?

When a credit card fraud offense occurs, and the Tehama County Prosecutor’s Office must determine whether or not to charge the offense as a felony or misdemeanor crime, they will take a number of matters into consideration. These charging decisions are generally made by the Tehama County District Attorney’s Office after a full review of the reports and evidence associated with the case.

Charging Factors Considered

• The monetary value involved in the crime
• The number of alleged victims
• Whether or not identity theft was also involved
• Cooperation during the investigation
• If the defendant has a prior criminal record
• Whether the conduct was isolated or part of an organized crime scheme
• Whether restitution has been paid or offered
• The vulnerability of the victims
• The sophistication of the method of alleged fraud
• The strength of the prosecution’s evidence

Additional Consequences Beyond Jail Time

It’s important for those facing charges of credit card fraud in Northern California to understand that the penalties they can face will extend well beyond time spent in jail. Even if you are able to avoid a jail sentence, the penalties you can face for this crime can be serious.

Collateral Consequences of a Conviction

• Victim restitution
• Loss of professional licenses
• Difficulty obtaining employment
• Immigration impacts for visa-holders and non-citizens
• Permanent criminal record unless expunged
• Possibility of probation

Are There Any Potential Defenses for Credit Card Fraud Charges in Tehama County?

In general, credit card fraud charges will be heard in the Tehama County Superior Court. As such, understanding the defenses you may be able to utilize to fight these charges before your trial is critical. As such, it is in your best interest to connect with an experienced criminal defense attorney who can help you determine the best defense strategy for your circumstances.

Common Credit Card Fraud Defense Strategies

• Lack of intent to defraud
• Lack of knowledge that the card was stolen or forged
• Accidental use of a card believed to be authorized
• False accusations
• Mistaken identity
• Insufficient evidence
• Constitutional rights violations during the investigation

Contact an Experienced Northern California Criminal Defense Attorney Today

If you are facing credit card fraud charges in Tehama County, Shasta County, or anywhere across Northern California, Cohen Criminal Law is ready to represent you. We understand how difficult these matters can be to navigate, which is why we are here to fight for you. Contact our firm today to discuss your unique situation with a member of our dedicated legal team.