Credit card fraud is a crime where a person uses a credit or debit card or credit account information like owner’s name, number, billing detail to make a purchase you didn’t authorize. Basically the credit card fraud consists in buying something by paying with someone else’s funds without his/her authorization. It is theft and fraud at the same time when usage of credit card as a fraudulent source of funds in any transaction. By using funds from any account, the crime is also considered as identity theft, theft crimes and also forgery crimes.
Criminal charges for credit card fraud are the following:
- Running offices or any place where unlawful or fake credit cards are delivered or fabricated
- Purchasing things with stolen debit or credit cards
- Hacking into a website with the aim of taking credit or debit card information from someone else.
- Selling things that were bought with stolen funds from a credit/debit card or a credit account.
- Possession and the use of machines or materials to make fake and counterfeit credit cards
Credit Card Fraud Laws in California
Credit Card Fraud is a critical and serious offense in California. If someone is convicted of this crime, he or she may face a punishment in the form of imprisonment and substantial fines. Under the California Penal Code the offense is divided and defined according to the nature of the case. In California it includes,
- California Penal Code Section 484e PC: Stolen Credit Card
- California Penal Code Section 484f PC: Forging Credit Card Information
- California Penal Code Section 484g PC: Fraudulent Use of Credit Card or an Account
- California Penal Code Section 484h PC: Credit Card Fraud by a Retailer
- California Penal Code Section 484i PC: Counterfeiting Credit Card
- California Penal Code Section 484j PC: Publish Another’s Credit Card Information
Penalties for Credit Card Fraud
Penalties for credit card fraud vary depending upon the nature and circumstances of the case.
- Violation of PC 484e is charged as grand theft and punishable either as misdemeanor or felony. The sentence for this crime is up to three years in jail
- Violation of PC 484f is charged as forgery and punishable either as misdemeanor or felony. The imprisonment for this crime is up to three years in jail
- Violation of PC 484g is charged as grand theft or petty theft. In case of grand theft, the punishment is up to 3 years in a county jail or in case of petty theft the punishment is up to 1 year in jail.
- Violation of PC 484h is also charged as grand theft or petty theft. And the penalty for this is the same as PC 484g
- Violation of PC 484i is charged as a felony offense and punishable by up to 3 years in jail
- Violation of PC 484j is charged as misdemeanor and punishable by up to 6 months in jail
Possible Common Defenses
- No intent
- Unlawful search and seizure
- No cause of action
- False Accusation
- Mistaken Identity
- Lack of proper Evidence
Local Defense Attorney California
If you or someone close to you has been accused of this crime in California, with more than 40 years of experience the Law Office of Raoul Severo is at your service for a free of charge assessment of your case.