In California, credit card fraud is a serious crime that is punishable by significant legal penalties and consequences. A conviction of this nature can have a substantial impact on your financial and personal life. If you are facing criminal charges related to credit card fraud in California, understanding your legal rights and options is imperative. For more information and skilled legal counsel, reach out to a knowledgeable Red Bluff criminal lawyer today.
What is Credit Card Fraud?
Credit card fraud is a broad term used to encompass a variety of offenses related to the misuse or theft of credit cards. California Penal Code § 484e through 484j outlines some of the main crimes that fall under credit card fraud. Consider the following.
- Stealing credit cards: Selling, transferring, or conveying a card without the cardholder’s or issuer’s consent, with the intent to defraud
- Forging credit cards: Designing, making, altering, or embossing a counterfeit card, or attempting to use a counterfeit card with the intent to defraud
- Fraudulent use of a credit card: Using a credit card that has been altered, obtained, or retained in violation of the above offenses for the purpose of obtaining money, goods, services, or anything else of value, or obtaining money, goods, services, or anything else of value by representing as the cardholder without the consent of the actual cardholder
- Credit card fraud by retailer: Retailer accepting payment from a credit card that they know has been stolen, expired, revoked, or is fake, or presenting false evidence of a transaction to receive payment when no transaction occurred
- Counterfeiting credit cards: Making, altering, changing, or modifying a credit card or account information, or possessing a counterfeit credit card or the equipment to make or traffic counterfeit credit cards
- Publishing credit card information: Knowingly communicating credit card or account information with the intent to defraud a person or entity
What Are the Penalties for Credit Card Fraud in CA?
If you have been arrested for any of the above offenses, it is important that you understand the possible outcomes of a conviction. Credit card fraud is generally considered a “wobbler,” meaning that it can be charged as either a felony or misdemeanor depending on the details of the situation.
Often, the severity of the charges depends on the value of the goods involved in the offense. For example, for fraudulent use of a credit card, if the value of the funds stolen was $950 or less, it will likely be treated as a misdemeanor. However, if the value exceeded $950, it can be considered a felony.
As a misdemeanor, credit card fraud offenses are punishable by up to 6 months in jail. Felonies generally result in up to 3 years in prison.
If you have questions or concerns about your case, do not hesitate to contact a skilled defense attorney at Cohen Criminal Law.