Credit card fraud is a broad offense that can involve everything from using a stolen card to making up a fake account number. In California, prosecutors take these crimes seriously, especially as financial fraud becomes more sophisticated and common. But not every allegation stems from a clear-cut case of theft—many credit card fraud cases involve misunderstandings, technical errors, or actions taken under pressure.
At Law Office of Michael L. Fell, we represent clients throughout Southern California who are facing fraud-related charges, including credit card theft, cloning, and unauthorized use. If you’ve been accused, it’s important to understand the different types of credit card fraud recognized under state law and what you can do to protect your rights.
What Counts as Credit Card Fraud in California?
California Penal Code covers several types of behavior that fall under the umbrella of credit card fraud. Some of the most common include:
- Stolen card use: Using someone else’s physical credit or debit card without their consent.
- Counterfeiting or altering a card: Creating fake cards or modifying valid ones to access someone else’s funds.
- Application fraud: Lying on a credit card application or using false identity information to obtain a card.
- Cloning or skimming: Copying data from a real card onto a fake one using electronic devices.
- Unauthorized use: Continuing to use your own card after it’s been canceled or expired, especially with intent to defraud.
Each of these scenarios can be charged differently depending on the amount involved, whether the fraud was part of a larger scheme, and whether you have any prior convictions.
Misdemeanor vs. Felony: How These Crimes Are Charged
Credit card fraud in California can be prosecuted as either a misdemeanor or felony depending on the facts of the case. For example:
- Small, one-time offenses may be charged as misdemeanors, especially if the amount stolen is under $950.
- More serious cases—especially those involving multiple victims, sophisticated methods, or large sums—are often charged as felonies.
A misdemeanor conviction can result in up to one year in county jail, fines, and restitution to the victim. A felony conviction can carry penalties of up to three years in state prison, as well as probation, larger fines, and permanent damage to your criminal record.
Federal charges may also apply if the alleged fraud crossed state lines or involved identity theft on a larger scale.
What the Prosecution Must Prove
To convict someone of credit card fraud, the prosecution must show that the defendant knowingly and intentionally committed an act of fraud involving a credit or debit card. In other words, it’s not enough to prove that a transaction occurred—there must be clear evidence of intent to deceive or defraud.
This is where many cases fall apart. If you didn’t realize a card was canceled, didn’t know a card was stolen, or believed you had permission to use someone else’s account, that can make a significant difference in your case.
Common Legal Defenses
Every case is different, but some defenses that may apply in credit card fraud charges include:
- Lack of intent to defraud
- Mistaken identity or false accusation
- Insufficient evidence
- You had permission to use the card or account
- The incident was the result of a misunderstanding or technical issue
A skilled attorney can review the facts, identify weaknesses in the prosecution’s case, and negotiate for a dismissal, reduction in charges, or alternative sentencing.
Call Law Office of Michael L. Fell at (949) 585-9055 if You're Facing Credit Card Fraud Allegations
Credit card fraud charges can have lasting consequences, but early legal intervention can make a major difference in how your case is resolved. If you’re facing an investigation or have already been charged, contact Law Office of Michael L. Fell at (949) 585-9055 today for a confidential consultation. We’ll explain your options and fight to protect your rights.