California Penal Code Section 484e, 484f, 484g, 484h, 484i and 484j PC: Credit Card Fraud

California Penal Code Section 484e, 484f, 484g, 484h, 484i and 484j PC: Credit Card Fraud

Credit card fraud is a big problem in California. Lots of folks get charged with crimes like forging credit cards, stealing credit card information, and using fake or stolen cards. It can get confusing trying to understand all the different credit card fraud laws. This article will break it down so you can learn the basics.

There are a bunch of different California laws that make different types of credit card fraud illegal. The main ones are Penal Code sections 484e, 484f, 484g, 484h, 484i, and 484j. Let’s look at what each one means.

Penal Code Section 484e – Stealing Credit Cards

484e PC makes it a crime to steal someone else’s credit card without their permission. For example, if you take your roommate’s credit card out of their wallet and use it to buy stuff online, you could be charged with violating 484e. Stealing credit cards is a wobbler offense in California. That means it can be charged as either a misdemeanor or a felony. If charged as misdemeanor credit card theft, the maximum sentence is 1 year in county jail. If charged as felony credit card theft, the maximum sentence is 3 years in state prison.

Penal Code Section 484f – Forging Credit Cards

484f PC makes it illegal to forge or counterfeit credit cards. For example, if you use a machine to create fake credit cards with stolen account numbers, that could violate 484f. Like credit card theft, forging credit cards is a wobbler offense. The maximum misdemeanor sentence is 1 year in county jail. The maximum felony sentence is 3 years in state prison.

Penal Code Section 484g – Using Fake Credit Cards

484g PC prohibits using fake, forged, or stolen credit cards to buy stuff or get cash. For example, if you use a counterfeit credit card to buy a TV or withdraw money from an ATM, you could face charges under 484g. Using a fake credit card is a wobbler too. If charged as a misdemeanor, the maximum sentence is 1 year in county jail. If charged as a felony, the maximum sentence is 3 years in state prison.

Penal Code Section 484h – Possessing Fake Credit Cards

484h PC makes it illegal to possess fake, forged, or stolen credit cards. For example, if the cops search your house and find a stash of counterfeit credit cards, you could be charged with violating 484h. Like other credit card fraud offenses, possessing fake cards is a wobbler. The maximum misdemeanor sentence is 1 year in county jail. The maximum felony sentence is 3 years in state prison.

Penal Code Section 484i – Buying Stolen Credit Card Information

484i PC prohibits buying or selling stolen credit card information. For instance, if you pay a hacker for a list of credit card numbers they stole, you could face charges under 484i. Buying stolen credit card information is a wobbler offense too. The maximum misdemeanor sentence is 1 year in county jail. The maximum felony sentence is 3 years in state prison.

Penal Code Section 484j – Publishing Credit Card Information

484j PC makes it illegal to publish stolen credit card information online or elsewhere with intent to defraud. For example, if you post someone’s credit card number on a hacking forum, you could be charged with violating 484j. Publishing stolen credit card info is a misdemeanor in California. The maximum sentence is 1 year in county jail.

As you can see, all these credit card fraud offenses are wobblers, except for 484j which is a straight misdemeanor. The prosecutor has discretion whether to charge them as misdemeanors or felonies based on the specific facts of the case.

Defenses to Credit Card Fraud Charges

There are a lot of potential defenses to credit card fraud charges in California. Here are some common ones:

• You didn’t actually commit the crime – For example, the credit cards weren’t actually fake or stolen.
• You didn’t have criminal intent – You have to knowingly commit credit card fraud.
• You were falsely accused – Someone falsely reported that you committed fraud.
• Entrapment – A police officer tricked or coerced you into committing fraud.

An experienced California criminal defense lawyer can evaluate the details of your case and advise you on the best defense strategies. Having a strong defense can help get your charges reduced or even dismissed.

Penalties for Credit Card Fraud Convictions

The penalties for being convicted of credit card fraud in California depend on a few factors:

• Whether the charge is a misdemeanor or felony
• Your criminal history
• The value of any money, goods, or services obtained by the fraud

Misdemeanor credit card fraud can be punished by up to 1 year in county jail. Felony credit card fraud can be punished by up to 3 years in state prison. Fines up to $10,000 may also be imposed.

In addition, the court can order you to pay restitution to compensate victims for any losses. Your driver’s license may also be suspended.

Related Offenses

There are also some other California laws related to credit card fraud, including:

• Penal Code 530.5 – Identity theft
• Penal Code 502 – Computer crimes
• Penal Code 470 – Forgery
• Penal Code 476 – Writing bad checks
• Penal Code 487 – Grand theft

Prosecutors can charge multiple crimes based on the specific facts. For example, if you use a stolen credit card to buy stuff online, you could face both identity theft and credit card fraud charges.

Get Help from a California Criminal Defense Lawyer

Facing credit card fraud charges can be scary. But an experienced California criminal defense attorney can help advise you of your rights and build the strongest defense to your charges. This gives you the best chance to get a good outcome, such as reduced charges or penalties.

Don’t hesitate to contact a lawyer for a free case evaluation. Credit card fraud convictions can have severe long-term consequences. The right legal advice and representation can make all the difference.