In today’s culture, many people rely only on credit and debit cards to make transactions, with cash being used only in exceptional circumstances. Credit and debit cards are handy, but they also carry certain hazards, such as the possibility of someone stealing your card or stealing the information from your card and using them to make transactions with your credit or debit card.
As a criminal defense lawyer can explain, engaging in either of these acts is credit card fraud, which is punishable by law in the state of California. A felony or misdemeanor charge for credit card theft may be filed, based on the circumstances of the theft and the amount of money taken. If you are charged with this crime, contact Chambers Law Firm at 714-760-4088 for a free legal consultation.
There are two situations in which credit card fraud can be charged
If one of the following two events occurs, a prosecutor may prosecute this crime:
- A person who sells, transfers, or acquires a credit or debit card without the consent of the cardholder with the purpose to deceive
- Keeping another person’s credit or debit card information without their knowledge, with the aim of using the information illegally
Example: If you work in a restaurant and accept credit card information over the phone, you might be charged with a felony for writing down the credit card information of customers with the intent of using it to purchase something for yourself later.
Defense options for charges of credit card fraud
If you are facing this charge, there are a variety of possible defenses to consider. When you took a credit card or retained the card information, a criminal attorney may claim that you did not do it with the purpose to defraud. For example, if you scribbled down the customer’s credit card information because your payment system was down and you planned to input it later, after the system was operational again, it would not constitute credit card fraud.
Potential Consequences for Credit Card Fraud
Credit card theft is a type of grand theft, which is considered a wobbler offense in the United States. A felony or misdemeanor charge may be filed in this case, depending on the circumstances. A misdemeanor is punishable by up to one year in county prison and/or a fine of up to $1,000 if committed in a public place.
If the offense is prosecuted as a felony, the potential punishment includes a prison sentence of up to three years and/or a fine of up to ten thousand dollars. No matter how it is charged, it is essential to work with a criminal defense attorney who can help you fight it. Call Chambers Law Firm at 714-760-4088 to learn more.
