Many people assume credit card fraud involves elaborate scams, identity theft, or counterfeit cards. But in California, even a simple transaction involving your own credit or debit card can result in criminal charges—especially if prosecutors believe you acted with deceptive intent.
At Law Office of Michael L. Fell, we frequently hear from clients stunned to find themselves under investigation or arrest for what they assumed was a harmless mistake. So let’s break down how California defines credit card fraud, and why it’s easier than you think to get caught up in it.
What Is Credit Card Fraud Under California Law?
Credit card fraud isn't one single charge. It's actually a group of offenses that fall under California Penal Code Sections 484e–484j. These laws cover a wide range of behaviors, including:
- Using a stolen or counterfeit card
- Forging credit card information
- Knowingly using a revoked, expired, or maxed-out card
- Misusing someone else’s card with or without permission
- Attempting to obtain goods or services with fraudulent intent
Notice the last part—fraudulent intent. That’s key. Prosecutors must prove that you intended to defraud someone, whether that’s a retailer, a bank, or the cardholder.
But here’s where things get tricky: intent can be inferred from your actions. You don’t need to say, “I’m committing fraud.” If it looks like you tried to use a card knowing there were no funds—or knowing the card wasn’t yours—that’s often enough for a charge.
How Innocent Mistakes Can Lead to Criminal Charges
It’s surprisingly easy to end up in legal trouble even without malicious intent. Here are a few real-world scenarios that can lead to credit card fraud charges:
- Trying a canceled card multiple times: If you repeatedly try to use a card that’s been declined or closed, store clerks or banks may assume you’re trying to scam the system.
- Authorized use gone wrong: If a friend or family member gives you permission to use their card once, but later disputes the charges or claims you went overboard, you could be accused of misuse or theft.
- Misunderstanding account limits: You might not know your account is overdrawn—or maybe a transaction goes through temporarily before it’s reversed. That can still trigger an investigation if the merchant reports a loss.
In these cases, the facts matter—but so does the interpretation of your behavior. That’s why having a skilled defense attorney is critical.
What Happens If You’re Charged?
Depending on the value of the goods or services involved, credit card fraud can be charged as either a misdemeanor or felony. Factors that affect the severity include:
- Prior criminal history
- Whether identity theft was involved
- The total amount of loss
- Whether the crime involved internet or mail fraud
Convictions can carry jail time, hefty fines, probation, and a permanent mark on your record that impacts your ability to get a job, rent housing, or apply for credit in the future.
The Right Legal Strategy Can Change Everything
Even if you think the evidence against you is strong, don’t plead guilty without speaking to an attorney. At Law Office of Michael L. Fell, we understand how prosecutors build credit card fraud cases because we’ve worked on both sides of the courtroom. That insider knowledge gives us an edge when negotiating plea deals, fighting charges, or challenging the state’s evidence.
Sometimes, a simple explanation is all that’s needed to clarify a misunderstanding. Other times, a strong defense can highlight the lack of intent or the unreliability of the accuser’s claims. And when appropriate, we work to reduce charges or pursue alternative sentencing options that help you avoid jail.
If You’ve Been Accused, Don’t Wait
Credit card fraud charges in California should never be taken lightly—even if they stem from your own card. Contact Law Office of Michael L. Fell at (949) 585-9055 today for a confidential consultation. We’ll evaluate your case, explain your options, and fight for the best possible outcome.