California has a broad definition of credit card fraud.
Today, most Californians use their credit or debit cards for most transactions — buying something online, using apps, or even paying their bills. We take our credit card security for granted, but every so often, a massive data breach reminds us that security can be an issue.
In California, the legislature has addressed a more common form of theft — credit card fraud. As a Rancho Cucamonga criminal defense lawyer can explain, it is illegal to engage in fraudulent activity involving credit or debit cards, or the information contained within a credit or debit card account. Under California law, fraudulent activity is any activity that deceives another person so that he or she suffers a loss while you gain something.
For example, if you use a friend’s credit card number to make a purchase online without their permission, that would be considered credit card fraud under California law. If a person uses a stolen credit card (the physical card or just the number) to make a purchase, that is also credit card fraud.
Those are two relatively obvious examples of credit card fraud. However, there are a number of ways that people may commit credit card fraud. One example may be using your credit card when it has expired or been revoked, or if the balance is lower than the purchase price of an item. Alternatively, if you apply for a credit card using false information, such as someone else’s name or birth date, that is credit card fraud. Finally, if you install a skimmer on a credit card reader to steal card information, that is credit card fraud.
Under California law, credit card fraud is a wobbler offense, which means that it may be charged as either a felony or a misdemeanor depending on the facts of the case and the defendants prior criminal history. According to a Rancho Cucamonga criminal defense lawyer, a misdemeanor credit card fraud charge can lead to up to 1 year in county jail and a fine of up to $1,000. Felony credit card fraud, on the other hand, can lead to up to 3 years in state prison and $10,000 in fines.
Because there are harsh penalties associated with credit card fraud in California, if you have been charged with this crime, you should contact a Rancho Cucamonga criminal defense lawyer immediately. An attorney can work with you to help establish a factual and legal defense to the charges. For example, perhaps you misunderstood your friend about the use of her credit card — and she may be willing to testify on your behalf if you pay her back.
If you have been charged with credit card fraud or any other crime, the Chambers Law Firm can help. Our team of experienced legal professionals is dedicated to assisting our clients, fiercely advocating for their rights and freedom. Contact us today at 714-760-4088 or dchambers@clfca.com to schedule a free initial appointment with a Rancho Cucamonga criminal defense lawyer.
