Orange County & Los Angeles
Credit Card Fraud Defense Attorney
Free, confidential phone consultations 24/7/365. Payment plans available.
The Short Answer
California prosecutes access card crimes under a cluster of statutes, Penal Code 484e through 484j, covering everything from possessing a stolen card to forging or fraudulently using one. Most are charged as petty or grand theft depending on the amount, making cases over $950 wobblers. As with all fraud, the case hinges on knowledge and intent: authorized use, mistaken identity, and honest disputes over charges are real defenses, and the digital and video evidence these cases rely on frequently helps the defense.
Credit and debit card fraud charges range from the trivial to the serious: using a card you were allowed to use, being handed a card that turned out to be stolen, a disputed online purchase, or an organized skimming operation. The law treats these as theft crimes, so the amount and your intent shape everything.
Farris Law Firm defends card fraud cases across Orange County and Los Angeles, attacking the elements prosecutors most often struggle to prove: that you knew, and that you intended to defraud.
How Card Fraud Is Charged
Theft of an access card (PC 484e)
Taking or possessing a card with intent to use it fraudulently. Possession alone is often disputed.
Forging card information (PC 484f)
Altering or counterfeiting a card or its data, treated as forgery.
Fraudulent use (PC 484g)
Using a card you know is forged, expired, or belongs to another, charged as petty or grand theft by value.
Retailer and processing offenses (PC 484h to 484j)
Merchant-side fraud and trafficking in card information, carrying heavier exposure.
Penalties for Credit Card Fraud
Prosecuted under the theft framework, so exposure follows the amount, with aggregation over a six month period.
| Charge | Level | Exposure |
|---|---|---|
| Fraudulent use, $950 or less | Petty theft (misdemeanor) | Up to 6 months to 1 year county jail |
| Fraudulent use, over $950 | Grand theft (wobbler) | Up to 1 year jail, or 16 months to 3 years as a felony |
| Card forgery (PC 484f) | Wobbler | Up to 1 year jail, or 16 months to 3 years |
| Collateral | All convictions | Moral turpitude, restitution, and immigration exposure |
Defenses That Work in Card Fraud Cases
Knowledge, intent, and identity again carry these cases:
- You were authorized to use the card
- No knowledge the card was stolen, forged, or invalid
- Mistaken identity: point-of-sale video and records are often ambiguous
- A genuine billing dispute, not fraud
- Insufficient proof you made the specific charges alleged
- Suppression of unlawfully obtained devices, cards, and records
Frequently Asked Questions
I used a card I thought I was allowed to use. Is that fraud?
If you had authorization, or reasonably believed you did, that defeats the fraudulent intent these charges require. Authorized use gets reported as fraud constantly, especially among family members, roommates, and after relationships end. Consent and good-faith belief are real, provable defenses.
How do they decide if it is a felony?
Primarily by value: fraudulent use of $950 or less is generally a misdemeanor, and over $950 it becomes a wobbler that can be charged as a felony, with charges aggregated over a six month period. Reducing the charge level, and the alleged loss, is often the core of the defense.
The store has video of the purchase. Is my case hopeless?
No. Point-of-sale video is frequently low quality and ambiguous on identity, and it says nothing about your knowledge or intent, the elements that actually matter. Footage often helps the defense. Nothing should be conceded before a lawyer reviews all of it.
Can these charges be resolved with restitution?
Often, yes, through negotiation and in some cases civil compromise leading to dismissal, but restitution must be handled through counsel so it does not become an admission. We structure these resolutions to protect your record.
Charged or under investigation? Talk to a defense attorney tonight.
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