Credit card theft is a serious crime in California that can result in severe consequences, including jail time and substantial fines. These charges often involve the use, possession, or sale of another person’s financial information to make fraudulent transactions or obtain money unlawfully. In some cases, what begins as a misunderstanding or mistake can quickly turn into a criminal investigation for fraud.
Perlman & Cohen helps you fight credit card fraud and theft charges throughout Los Angeles County and Southern California. Our law firm has a proven track record of defending clients accused of theft crimes, identity theft, and other fraud offenses. We understand how prosecutors build cases under California’s various statutes and know how to create a strong legal defense.
If you or someone you love has been accused of credit card theft or a related felony crime, our experienced Los Angeles credit card theft lawyer will protect your rights and guide you through the legal system every step of the way.
Under California Penal Code § 484e, credit card theft occurs when a person steals, sells, or possesses someone else's personal information or access card with the intent to commit fraud. This includes physically stealing a stolen credit card or unlawfully obtaining credit card information to make fraudulent credit cards.
Prosecutors must prove that the defendant acted with the intent to defraud and that the card or data belonged to another person.
The California Penal Code § 484f makes it illegal to forge or alter a credit card or a person’s signature to make a fraudulent transaction. Forging or signing someone else’s name on a card slip or application is a serious offense that can lead to a felony conviction.
Under California Penal Code § 484g, a person commits fraud by knowingly using a fraudulent access card or a counterfeit access card to obtain goods, services, or money. The total value of the stolen property determines whether the crime is charged as a misdemeanor or a felony.
California Penal Code § 484h applies to merchants who accept fraudulent cards or false payments as part of credit card fraud offenses. A business owner or employee can be charged if they intentionally process or assist in a fraudulent transaction.
It is a crime to make or possess equipment used to create fraudulent credit cards under California Penal Code § 484i. Even having the tools or blank cards can lead to a felony case, especially if prosecutors can prove intent to use them in future crimes.
The California Penal Code § 484j makes it illegal to publish or share stolen credit card information online, through the internet, or by other means. Sharing or selling this data to others is considered a serious federal offense that may result in prosecution in federal court.
Credit card theft can be charged as either a misdemeanor or a felony, depending on the total value of the goods or money involved and the defendant’s criminal history. These criminal penalties can affect employment, housing, and future opportunities.
In both misdemeanor and felony cases, the court may order restitution to repay the money or stolen property involved. Judges may also grant probation under strict supervision, depending on the specific circumstances of the crime and the person’s background.
Credit card fraud can occur in many ways, and sometimes people are accused of crimes they did not commit. Some cases begin as misunderstandings or accidental misuse but still result in serious criminal charges. Knowing how these cases arise can help defendants and their attorneys prepare an effective defense.
Borrowing or using another person’s credit card without permission can lead to a theft crime charge. Even if the person did not intend to commit fraud, prosecutors may argue there was intent to defraud based on spending patterns or witness statements.
Using someone else’s card information to make online purchases or in-store financial transactions is one of the most common types of credit card fraud cases. Retailers and major banks work closely with law enforcement to identify fraudulent transactions and prosecute offenders.
Identity theft occurs when someone uses someone else’s personal information to open new accounts, make purchases, or commit other fraud crimes. These cases are treated very seriously in Los Angeles County and can result in both state and federal criminal charges.
Simply possessing stolen card information or devices used to store data can lead to arrest. Police often charge defendants even if no fraudulent transactions were actually completed, arguing that possession indicates an intent to commit fraud in the future.
Every case is unique, and the appropriate legal defense depends on the specific facts. An experienced criminal defense attorney can examine the evidence, challenge the prosecutors’ claims, and work to create reasonable doubt.
If the defendant did not intend to commit fraud, this can serve as a strong defense. The prosecution must prove beyond a reasonable doubt that the accused acted with deliberate intent to defraud. Sometimes, a simple mistake like using the wrong card or misunderstanding permission can be wrongly seen as a crime, and your criminal defense attorney can show there was no criminal intent at all.
In some cases, defendants are wrongly accused due to mistaken identity or clerical errors in police investigations. Surveillance footage, witness statements, and other proof can help clear the accused person’s name. Many credit card fraud cases involve multiple people, and confusion about who made the transaction can easily lead to the wrong person being blamed.
Disputes between friends, family members, or coworkers sometimes result in false accusations of theft. A Los Angeles credit card theft lawyer can argue that there was no intent to commit fraud and that the actions were a result of a misunderstanding. These situations are more common than most people think, and a skilled credit card theft lawyer can use evidence and testimony to prove the defendant acted in good faith.
If there is insufficient evidence that the defendant used or possessed a stolen card, the case may be dismissed. Prosecutors must present clear and reliable evidence linking the person to the alleged credit card fraud. Without strong documentation, witness testimony, or surveillance, the charges often fail to meet the standard of proof required by law, which is a reasonable doubt.
If police searched without a valid warrant or probable cause, any evidence found may be suppressed. This can lead to reduced charges or a complete dismissal under constitutional protections. An experienced criminal defense attorney can review how the evidence was obtained and challenge any violation of the defendant’s Fourth Amendment rights in court.
Can credit card theft be a felony crime?
Yes. If the total value exceeds $950 or involves multiple fraudulent cards, it can be charged as a felony crime, resulting in prison time and higher fines.
Is credit card fraud a federal crime?
Yes. When fraudulent transactions involve major banks, online systems, or multiple states, the case may be prosecuted in federal court.
Can I go to jail for a first-time offense?
It depends on the facts and the person’s record. A first-time offender may qualify for probation instead of jail if there is no prior conviction or large financial loss.
Can credit card theft be linked to insurance fraud cases?
Yes. In some situations, authorities may connect credit card fraud or theft crimes to larger insurance fraud cases, especially if stolen cards were used to make false claims or purchases. These investigations often involve both state and federal agencies.
What if I’m accused of grand theft or receiving stolen property?
If the total value of the stolen money or property exceeds $950, you could also face grand theft or receiving stolen property charges. Being convicted of these crimes can result in severe penalties, including jail time and long-term consequences for your record.
If you are accused of credit card theft or fraud, taking quick action is important to protect your rights and your future. At Perlman & Cohen, our Los Angeles credit card fraud lawyer understands how stressful and confusing these charges can be. We take the time to review every detail of your case, examine the evidence, and build a clear strategy for your defense. Our legal representation focuses on protecting your freedom, clearing your name, and minimizing potential penalties.
Our law firm provides personalized attention and honest guidance for every client we represent. Whether you are accused of making fraudulent transactions, possessing stolen cards, or being involved in a larger theft scheme, we can help. We offer a free consultation, allowing you to discuss your case confidentially and explore your options before making any decisions.
Contact us today to speak with an experienced attorney and get the strong legal defense you deserve.
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