What is The Fraudulent Use of a Credit Card?
Under California Penal Code 484g, the crime of fraudulently using someone's credit or debit card involves knowingly employing a stolen, fake, forged, altered, revoked, or expired card to obtain cash or goods.
If the total value of items acquired using a stolen, revoked, or fake card exceeds $950, it is classified as grand theft. If the total value is less than $950, it is considered petty theft.
In other words, anyone who intentionally uses an invalid credit card to obtain goods or cash could face prosecution under Penal Code 484g, commonly known as fraudulent use of a credit card.
California has multiple statutes addressing credit card fraud. Depending on the specifics of the fraud, you might be charged under related laws, such as Penal Code Sections 484e, 484f, 484h, 484i, and 484j.
As mentioned, the punishment under PC 484g depends on the value of the items or services involved.
Legal penalties can range from six months in jail and a $1,000 fine to up to three years in prison, with additional fines or restitution possible. The court may also order restitution to the victim.
A typical example of PC 484g fraudulent credit card use is when someone steals a credit card and tries to buy clothes at a mall. Another instance is when someone obtains their roommate's credit card information and uses it to make multiple online purchases.
What Does PC 484g Say?
California Penal Code 484g, known as fraudulent use of a credit card, is defined as follows: "Anyone who, with intent to defraud, uses to obtain money, goods, services, or anything of value, an access card or account information that was altered, or retained in violation of Penal Code 484e or 484f, or uses an access card they know is forged, expired, or revoked, or obtain anything of value without the consent of the cardholder, is guilty of theft."
This means you commit a crime under Penal Code 484g when you knowingly use a credit card for anything of value that is stolen, forged, counterfeit, altered, revoked, or expired.
What is Intent to Defraud?
Note that the above definition states you are guilty of PC 484g only if you intended to defraud and did so without the cardholder's permission. 'Defraud' means acting dishonestly in an attempt to obtain a benefit through deception.
To convict someone of PC 484g fraudulently using a credit card, the prosecutor must prove, beyond a reasonable doubt, that certain key elements of the crime are present.
In simple terms, they need to demonstrate that you either used a forged access card or gained money by falsely claiming to be the cardholder. The key elements that must be established include:
- You utilized a modified or counterfeit access card or account details.
- Knowing that they were forged or altered;
- Without the owner's permission;
- Intended to obtain something valuable; and
- With the purpose of deceiving
An access card is defined as a plate, code, account number, or other form of account access, such as a credit or debit card, used to acquire goods, services, or anything of value through a transfer of funds or information.
What are the Penalties for PC 484g?
If convicted of a misdemeanor under Penal Code 484g, which involves a value of less than $950, it constitutes petty theft. The penalties include:
- Held in county jail for up to six months.
- A fine of up to $1,000.
If someone is convicted of Penal Code 484g and the value of the stolen items exceeds $950, it constitutes grand theft under Penal Code 487, a "wobbler." This allows the prosecutor to decide whether to charge it as a misdemeanor or a felony.
If charged with misdemeanor grand theft, you might face:
- Up to one year in county jail.
- A fine of up to $1,000.
If charged with felony grand theft, you could face:
- Imprisonment for a maximum of three years in county jail.
- A fine of up to $10,000.
Additional penalties may also apply depending on your criminal history and other considerations.
What are the Related Crimes?
- Penal Code 459.5 - Shoplifting
- Penal Code 470 - Forgery
- Penal Code 484 - Petty Theft
- Penal Code 487 - Grand theft
- Penal Code 530 - Identity theft
- Penal Code 484e - Stealing a Credit Card
- Penal Code 484f - Forging Credit Card Information
- Penal Code 484i - Counterfeiting Credit Cards
- Penal Code 484j - Publishing Credit Card Informatio
What are the Available Defenses?
Our California criminal defense lawyers employ various strategies to defend you against charges of fraudulently using someone's credit or debit card, violating Penal Code 484g. Each case is unique and begins with a thorough review of your specific details.
We may be able to have the charges reduced to a less serious offense or dismissed entirely. Typical defenses for Penal Code 484g charges include:
- Lack of intent to defraud: According to the legal definition, you can only be convicted of fraudulently using a credit or debit card if there was intent to defraud. We might argue that your actions lacked such intent. If we can cast doubt on this key element, you could potentially avoid a conviction.
- Consent from the cardholder: Again, in the definition, you are only guilty of fraudulently using a credit or debit card if you did so without the cardholder's consent. Perhaps we could argue that you reasonably believed you had permission to make purchases, and it was a misunderstanding.
If you are under investigation or have been charged with credit card fraud under California Penal Code 484g, consult with the Hedding Law Firm to explore your legal options.
