CA PC 484
Credit Card Fraud
Laws in California related to card based fraud cover multiple types of cards and a wide array of behavior. These include offenses under Penal Code sections 484e, 484f, 484g, 484h, 484i, 484j, and are related to offenses under sections 459, 470, 484, 487, 530, and 530.5(e). These offenses range in severity and can often be charged as misdemeanors or felonies with varying punishments. Consult with a licensed criminal defense attorney to help you determine what this means for you.
In California credit card fraud includes access cards, which cover credit, debit, and ATM cards. What differentiates the specific charge someone may face, their possible defenses, and the possible punishment, is the kind of behavior surrounding the possession or use of a card.
In general, fraud is the intentional deceit of a person or entity that is intended to result in a benefit or advantage that one would not have received otherwise.
Common Types of Credit Card Fraud
- Possession of a stolen credit/debit/ATM card.
- Using a stolen or counterfeit card.
- Altering a real card or manufacturing a counterfeit card.
- Signing someone else’s name when you use their card without their permission.
- Accepting a fraudulent card in exchange for goods and services where you know the card to be fraudulent.
- Sharing a person or entities personal or card information with other unauthorized persons with the intent that they commit fraud.
Examples of Potential Penalties
- 484e carries a penalty of up to one year in county jail AND a fine of up to $1,000 if charged as a misdemeanor. If charged as a felony, 484e carries a maximum penalty of sixteen months, three years, or four years in prison. Lower punishment may be appropriate depending on the facts of your specific case. Consult a licensed criminal defense attorney to find out. Restitution may also be ordered.
- 484f, if charged as a misdemeanor, carries a maximum penalty of up to one year in jail. If charged as a felony it carries a punishment of sixteen months, two years, or three years. Restitution may also be ordered.
- 484g has punishment that varies based on the value of the items or services involved. Penalties can range from a $1,000.00 fine and/or six months in jail, to a maximum of up to three years in prison. Consult with a licensed criminal defense attorney to find out what kind of punishment your unique case might carry. Restitution may be ordered.
- 484h is punished similarly to 484g. Consult a licensed criminal defense attorney to find out what kind of punishment your unique case might carry. Restitution may be ordered.
- 484i is punished with up to three years in prison depending on the circumstances in your case. Consult a licensed criminal defense attorney to find out what kind of punishment your unique case might carry. Restitution may be ordered.
- 484j is punished by up to six months in jail and a maximum fine of $1,000.00. Restitution may be ordered.
The prosecution always has to prove every element of a crime beyond a reasonable doubt. Based on the facts and circumstances of your unique case there may be multiple defenses available. The most critical element that the prosecutor must prove is that you intended the prohibited conduct you are charged with committing. This gives you a potentially powerful defense. Consult with a licensed attorney to find out how your case may be affected.
If you have recently been arrested for Credit Card Fraud or related offense, please don’t hesitate to call us for a free, no-obligation consultation with Seppi Esfandi. During your call, Esfandi will hear the details of the case and advise you on the best approach to defend yourself. If you wish, a consultation in our office can be promptly scheduled.
Call Us for a FREE Case Review: 310-274-6529