Credit card fraud (known as “access card fraud” in California) can result in charges even if no financial loss occurred. This can occur if you borrow a friend’s credit card that appears to be stolen, or if there is a mistake in identity because your identity has been stolen. These cases can be straightened out, but it takes an experienced hand to dive into your finances and show law enforcement that you were not the person committing credit card fraud.
Credit Card Fraud Defense Attorney in San Diego
Whether it is as a result of a misunderstanding, an accident, or some other reason, if you have been arrested after what you believed to be a valid credit card, you need to contact an experienced defense attorney immediately.
Attorney Michael Cindrich has decades of experience protecting people’s rights, including in cases involving credit card fraud. The Law Offices of Michael E. Cindrich serve San Diego County, including the cities of Chula Vista, Oceanside, Escondido, Carlsbad, El Cajon, Vista, San Marcos, Encinitas, National City and La Mesa, and San Diego proper.
Contact Michael Cindrich today for a free consultation at (619) 262-2500.
Overview of Credit Card Fraud under California Law
- Credit Card Fraud Under California Law
- Key Terms in Credit Card Fraud Cases
- Jury Instructions for Credit Card Fraud Cases in California
- Penalties for Credit Card Fraud in California
- What are Examples of Credit Card Fraud in California?
- Alternate Charges to Credit Card Fraud
- FAQ
- Additional Resources
- Hire an Attorney for Credit Card Fraud in San Diego County
Credit Card Fraud under California Law
California law treats credit card fraud as a serious offense under Penal Code Sections 484e to 484j. These statutes define a wide range of activities that constitute credit card fraud, including:
- Selling or transferring an access card without authorization (Section 484e): This includes knowingly selling or conveying access cards without the consent of the cardholder or issuer.
- Counterfeiting or altering credit cards (Section 484f): Designing, embossing, or using counterfeit cards with intent to defraud falls under this section.
- Using a stolen or unauthorized card (Section 484g): Fraudulent use of an access card to obtain money, goods, or services is specifically prohibited.
- Possession of stolen or incomplete access cards (Section 484h): Holding unauthorized access cards with the intent to use or sell them is also a crime.
Unfortunately, even if you believe a credit card to be valid, you could still be charged with credit card fraud.
Key Terms in California’s Credit Card Fraud Laws
California law under Penal Code Section 484d provides definitions of key terms used in credit card fraud cases. These include:
- Access Card: Any card, account number, or other means of account access that can be used to obtain money, goods, or services or to transfer funds (e.g., credit cards, ATM cards).
- Cardholder: A person to whom an access card is issued or who agrees to pay for transactions made using the card.
- Issuer: The company or entity that issues an access card.
- Counterfeit Card: A fake, altered, or forged access card, or any representation of such a card.
- Intent to Defraud: A deliberate intention to deceive another person to cause financial or property loss or to obtain something of value unlawfully.
California Credit Card Fraud Jury Instructions
Juries in California rely on specific instructions provided by the Judicial Council of California Criminal Jury Instructions (CALCRIM) to determine a defendant’s guilt. Each type of credit card fraud has distinct elements that the prosecution must prove beyond a reasonable doubt. These instructions include:
- Selling or Transferring Access Cards (CALCRIM 1950): The jury must find that the defendant sold, transferred, or conveyed an access card without the cardholder’s or issuer’s consent and with intent to defraud.
- Possession of Stolen Access Cards (CALCRIM 1951): Jurors examine whether the defendant knowingly acquired or retained an access card without authorization, intending to use it fraudulently.
- Counterfeiting Access Cards (CALCRIM 1953): The prosecution must show that the defendant designed or made a counterfeit access card with the intent to defraud.
- Using Stolen or Counterfeit Cards (CALCRIM 1954): Evidence must prove that the defendant knowingly used or attempted to use a fraudulent card to obtain money, goods, or services.
Penalties for Credit Card Fraud in California
The penalties for credit card fraud in California vary based on the specific offense and whether it is charged as a misdemeanor or felony. These penalties include:
- Selling or Transferring Access Cards (Penal Code 484e): This is typically a felony, punishable by up to three years in prison and fines.
- Counterfeiting or Altering Cards (Penal Code 484f): Felony penalties can include up to three years in prison and substantial fines.
- Fraudulent Use of an Access Card (Penal Code 484g): If the value of items obtained is under $950, the offense may be a misdemeanor, punishable by up to six months in jail and a fine. If the value exceeds $950, it constitutes grand theft and may result in up to three years in prison.
- Possession of Stolen or Counterfeit Cards (Penal Code 484i): Depending on the circumstances, this may be charged as a misdemeanor or felony, with penalties ranging from one year in county jail to three years in prison.
Examples of Credit Card Fraud in California
Examples of credit card fraud in California can vary widely but often include actions such as:
- Selling Stolen Cards: A person knowingly sells access cards that were stolen or obtained without the cardholder’s permission. For instance, transferring four or more stolen cards in a 12-month period can be charged under Penal Code Section 484e(b) as grand theft.
- Using a Counterfeit Card: A defendant uses a counterfeit card to purchase high-value electronics, violating Penal Code Section 484f(a). Even an attempt to use a counterfeit card can lead to prosecution under CALCRIM 1954.
- Retaining Account Information: Holding onto another person’s credit card information without consent, with the intent to use it fraudulently, is prohibited under Penal Code Section 484e(d).
- Fraudulent Transactions with an Expired Card: Using an expired card to secure goods or services falls under Penal Code Section 484g.
Alternate Charges to Credit Card Fraud
If your attorney is unable to fully dismiss your credit card fraud case, he may be able to convince the prosecutor to instead bring the following charges:
- Petty Theft (Penal Code Section 484): If the value of the fraudulently obtained items or services is less than $950, the crime may be reduced to petty theft, which is a misdemeanor.
- Attempted Fraud (Penal Code Section 664): If the defendant’s actions did not result in actual fraud or loss, the charges may be reduced to attempted fraud, which carries lighter penalties.
- Possession of an Incomplete Card (Penal Code Section 484i): Merely possessing an incomplete access card with intent to complete it may result in misdemeanor charges.
FAQ
“Can I Be Charged If I Didn’t Know the Card Was Stolen?” Yes, under Penal Code Section 484e(c), possession of a stolen card with intent to use it may result in charges, even if the defendant was unaware of the theft initially.
“Does Fraud Apply If I Didn’t Make a Purchase?” Fraud charges may apply under Penal Code Section 484f if a defendant attempted to use a counterfeit card, even if the transaction did not succeed.
“Can I Face Both State and Federal Charges?” Depending on the scale and nature of the fraud, some cases may involve federal charges, especially if interstate commerce is affected.
Additional Resources
California Penal Code Section 484 – This page on the California Legislature’s website provides the full text of California Penal Code Section 484, which defines credit card fraud and related offenses. It includes definitions of key terms, details about criminal acts covered under the statute, and penalties for violations.
Credit Cards – Disputing a Charge – This resource from the California Department of Justice explains how to dispute unauthorized or incorrect charges on a credit card. It outlines the steps to report billing errors, assert claims and defenses, and communicate with your credit card issuer.
Financial Crimes – The City of San Diego Police Department’s Financial Crimes Unit page covers investigations of crimes like credit card fraud, check fraud, embezzlement, and elder financial abuse. It provides guidance on how to report financial crimes, tips for prevention, and links to additional resources.
Protecting Consumers – This page from the California Department of Justice provides tips and resources for avoiding scams and addressing consumer issues, including credit card fraud. It offers advice on disputing charges, handling debt collectors, and reporting business misconduct.
Hire an Attorney for Credit Card Fraud in San Diego County
Attorney Michael Cindrich has decades of experience protecting people’s rights, including in cases involving credit card fraud. The Law Offices of Michael E. Cindrich serve San Diego County, including the cities of Chula Vista, Oceanside, Escondido, Carlsbad, El Cajon, Vista, San Marcos, Encinitas, National City and La Mesa, and San Diego proper.
Contact Michael Cindrich today for a free consultation at (619) 262-2500.