If you have been arrested for Credit Card Fraud in Orange County, then you are going to have many questions.  The team of attorneys at The Atias Law Firm can go over the facts of your case and help you understand the possible outcomes, and possible strategies for successfully getting your case reduced or dismissed. Credit Card Fraud is essentially referring to anytime you use or attempt to use a credit or debit card, or a credit or debit card account number in an unlawful manner. If you have been charged with Credit Card Fraud in Orange County, please contact our firm to schedule a free consultation regarding the arrest, charges and allegations. Here are several examples of activities that could lead to California credit card fraud charges:

• using someone else's credit or debit card without that person's consent,
• using your own credit or debit card knowing that it has been revoked or expired or that your available balance is less than the purchase price, and
• using a stolen or fraudulent credit or debit card to receive money, goods or services.

“Credit Card Fraud” as it is commonly known, is unfortunately a charge that can be misconstrued or alleged by the Police under a very wide variety of circumstances and facts that may not truly be Credit Card Fraud as defined by California State Law.  The attorneys at The Atias Law Firm know how to decipher and construe each element of that offense to make sure that zealous police officers and trumped up charges will not ultimately lead to a lengthier prison term or jail sentence than may be required, if any based on a case by case basis and the facts presented. Our attorneys work hard to differentiate the fine details in order to help prove that simply because a police officer may have arrested you for that crime… it may not be the crime actually committed. I cannot stress that point enough, just because you are charged with a certain offense does not mean that is the offense you may have committed. Let’s examine the actual statutory law, the possible reductions to other lesser offenses, the penalties and finally the full on legal defenses.

Credit Card Fraud Orange County Penal Code 448(e)-448(j)

The Law for Credit Card Fraud is set out in California Penal Code Sections 448(e)- 448(j). For the Orange County District Attorney’s Office to prove that a defendant is guilty of Credit Card Fraud, the Prosecutor must prove one of the following was committed:

• forging,
• altering,
• stealing,
• counterfeiting or
• publishing information about credit or debit cards or card account information.

The Credit Card Fraud laws in Orange County can be confusing to a defendant charged with that crime. Our team of Lawyers in Orange County know the ins and outs of these particular criminal charges and we may be able to help you get your case dismissed or lowered to a lesser offense, .... But not necessarily Credit Card Fraud.

Will I Go To Jail?

Possibilities & Penalties for Credit Card Fraud Charges in Orange County

Credit and debit card fraud is also punishable as a federal offense. If, for example, you commit this type of fraud on government property, against a government entity or across state lines, you could be charged with violating our nation's federal fraud laws. Section 1029 under Title 18 of the U.S. Code essentially prohibits the same conduct that is defined under California's credit card fraud laws. And because credit card fraud is such a wide-spread problem, there are a number of government agencies that work together to fight this white collar crime, including but not limited to the National Fraud Information Center (NFIC), the Federal Bureau of Investigation (FBI) and the Federal Trade Commission (FTC). Federal credit card and debit card fraud subjects an offender to much greater penalties than state violations; a federal offender faces substantial fines and up to 20 years in prison. There are quite a few laws that prohibit California credit card and debit card fraud.  Each of these bans a specific activity, as explained below. Penal Code 484e PC stolen credit cards You violate Penal Code 484e PC when you sell, transfer or acquire a credit or debit card...or the credit or debit card account information...without the true cardholder's consent. In the simplest terms, this law punishes the fraudulent possession of a credit card. Most PC 484e offenses are punished as California grand theft as a wobbler.  A California wobbler offense is one that prosecutors may charge as either a California misdemeanor or a California felony depending on

1. the facts of the case, and
2. your criminal history.

The felony Penal Code 484e is punishable by:

• up to three years in county jail, and/or
• up to a $10,000 fine.

The misdemeanor is punishable by:

• up to one year in the county jail, and
• a maximum $1,000 fine.

Penal Code 484f PC forging credit card information Penal Code 484f PC deals with forging credit cards.  Forgery is defined as knowingly and unlawfully altering, creating or using a credit or debit card for your own benefit and gain. You violate this law by

• altering an actual credit/debit card,
• counterfeiting or creating a fake credit card, and/or
• signing someone else's name during a transaction involving a credit or debit card without that person's authorization.

Most PC 484e offenses are punished as California forgery as a wobbler.  A California wobbler offense is one that prosecutors may charge as either a California misdemeanor or a California felony depending on

1. the facts of the case, and
2. your criminal history.

The felony Penal Code 484e is punishable by:

• up to three years in county jail, and/or
• up to a $10,000 fine.

The misdemeanor is punishable by:

• up to one year in the county jail, and
• a maximum $1,000 fine.

 Penal Code 484g PC fraudulent use of a access card or account information You violate Penal Code 484g PC when you knowingly use a

• stolen,
• altered,
• counterfeit,
• forged,
• expired or
• revoked
• credit or debit card in order to obtain money, goods, services or anything else of value.

How PC 484g is punished depends on the value of the items you receive.  If the amount of the money, goods, services, etc. exceeds $950 in any consecutive six-month period, the offense will be punished as grand theft. If the value is $950 or less, the offense will be punished as petty theft. Penal Code 484h PC retailer credit card fraud Penal Code 484h PC involves retailer credit card fraud.  Retailers violate this law when they

1. furnish money, goods, services or anything else of value when someone presents a credit or debit card that the retailer knows is stolen, counterfeit, forged, expired or revoked, or
2. present evidence of a credit or debit card transaction in order to receive payment when the retailer knowingly failed to provide money, goods, services or anything else of value.

Violations of PC 484h are punished in the same manner as 484g, above - money, goods or other services that you receive in any consecutive six-month period that total more than $950 elevate the crime to grand theft. $950 or less is petty theft. Penal Code 484i PC counterfeiting credit cards You violate Penal Code 484i PC when you

1. possess an incomplete credit card with the intent to complete it without the consent of the issuer.
2. alter, change or modify any part of the credit card, regardless of whether the change is to the face of the card or to the information contained in the card with the intent to defraud,
3. allow another person to alter or modify the card or its account information, or
4. make, possess or sell  credit card making equipment or incomplete credit cards knowing that the recipient of the equipment or cards will make counterfeit credit / debit cards.

The penalties for Penal Code 484i vary. If you possess an incomplete credit/debit card with the intent to complete it, you face a misdemeanor, punishable by:

• up to six-months in jail, and
• a maximum $1,000 fine.

If you alter the card or information contained within the card, the crime becomes one of forgery, punishable as a wobbler in accordance with forgery noted above. If you are convicted for a violation involving card making equipment, you face a wobbler. As a felony, it is punishable by:

• a maximum $10,000 fine, and/or
• up to three years in county jail.

As a misdemeanor, it is punishable by:

• a maximum $1,000 fine, and/or
• up to six-months in jail.

Penal Code 484j PC publishing credit card information Penal Code 484j prohibits publishing any information about a credit or debit card, personal identification number, computer password, bank account information, etc. with the intent to defraud another person or entity. You "publish" this information when you communicate it, whether orally, on a computer, or in a writing of any kind. Penal Code 484j is a misdemeanor, punishable by up to six-months in jail and a maximum $1,000 fine.

Legal Defenses to Credit Card Fraud in Orange County

The Atias Law Firm’s Defense team of skilled lawyers located in Orange County, CA have over 20 years combined experience, therefore we know the defenses that may help get your Credit Card Fraud charge dismissed. There are several defenses to Credit Card Fraud in Orange County, however the applicability of those defenses depends on the facts of your case.

1. you didn't intend to commit a fraud,
2. there is insufficient evidence to convict you of the offense, and/or
3. you are the victim of mistaken identity.

Additionally, as you can see above, the Prosecutor has a lot to prove. We may be able to show that any number of the requirements of the law aren’t met or that there is insufficient evidence. For instance, we may be able to show that the you did not intentionally act to commit Credit Card Fraud. Also, we may be able to show that there isn’t enough evidence to support the charges being brought against you. Also, if you have been charged with multiple counts of Credit Card Fraud, we may be able to get all your charges consolidated into one charge, with one penalty.

Reducing Credit Card Fraud Charges To A Lesser Crime

When the prosecution case is strong, sometimes the best tactic is to try to work out a plea deal with the Prosecutor, which can avoid the maximum sentence a Judge may want to sentence a defendant to after a trial. Our attorneys always want to be reasonable with our clients and not mislead or misguide their expectations, while making certain they understand just how long serving a lengthy prison sentence. Our skilled attorneys may be able to get your Credit Card Fraud charge reduced, and a Felony Credit Card Fraud penalty reduced to a Misdemeanor Credit Card Fraud charge.

What Happens If I Have a Prior Conviction?

If you have prior convictions for Credit Card Fraud, then you may face increased penalties in your current case. The Atias Law Firm, with over 20 years combined experience, aggressively challenges any prior convictions. For instance, if your prior conviction occurred more than 10 years ago, or if it occurred in another state, then we may be able to get those prior convictions stricken, so that your sentence is not enhanced. If we can successfully strike your prior convictions, then you may only face first time penalties. Call the Atias Law Firm today to see if your prior convictions may impact your current charge.

What Should I do about a Credit Card Fraud charge in Orange County?

Just pick up the phone and call. One of our attorneys will look at your personal history and the facts surrounding the charges against you, and then we can discuss possible outcomes with you at no cost.