Irvine Credit Card Fraud Lawyers
WHITE COLLAR CRIME CHARGES
Credit Card Fraud in CA
Credit card fraud is a white collar crime and is usually committed in connection with identity theft in California. According to the U.S. Federal Trade Commission (FTC), credit card fraud costs credit issuers and cardholders hundreds of millions of dollars annually. With the economic impact of such a crime, both state and federal law, enforced by the United States Secret Service, takes the prosecution of credit card fraud very seriously.
What is Credit Card Fraud?
Credit card fraud involves the fraudulent use of another person's credit information, without their consent, to make purchases and/or open credit accounts. This is usually accomplished by stealing the actual card or account number; however, forgery and counterfeiting are also common. Although the three major U.S. credit bureaus have established procedures for resolving fraudulent charges on credit accounts, if the person who committed credit fraud is caught, he or she will face criminal prosecution. It is a mistake to take a credit card fraud charge lightly.
Credit Card Fraud Penalties
California
The penalties for a credit card fraud conviction in California are determined by the suspected offender's actions to obtain or use the credit, or access, card. Under ยง 484f of the California Penal Code, any person who makes, designs, embosses, or alters a counterfeit access card with intent to defraud and without the issuer's or cardholder's permission, is considered guilty of forgery. Forgery penalties in California include a felony charge and a maximum one year imprisonment in county jail or potentially state prison.
If a person transfers, sells, or conveys an access card with intent to defraud and without the issuer's or cardholder's permission, he or she is considered guilty of grand theft, which is punishable by a felony charge and a maximum one year imprisonment in a county jail. Depending on the extent of the credit card fraud and other crimes potentially committed, other penalties may also apply.
United States
Credit card fraud, or access device fraud, is a serious federal offense and carries heavy penalties. Using, producing, trafficking, offering, selling, and/or forging or counterfeiting an access device with the intent to defraud and without appropriate authorization is punishable by a fine and/or a maximum prison sentence of 10, 15, or 20 years, depending on the specific circumstances.
Benefits of Experienced Legal Representation
Credit card fraud is not a simple offense. If you have been charged with credit card fraud in California, you are likely going to be charged with various other crimes, such as forgery, grand theft, and even identity theft. Depending on the circumstances of your case, you may end up in state prison or, even worse, federal prison. Prosecutors will always try to bring down the harshest sentence possible, especially if you have been previously convicted. Your best chance of reducing your charges or dismissing them all together is by consulting with a knowledgeable criminal defense attorney in Irvine. At The Law Offices of Jeremy N. Goldman, our credit card fraud defense lawyers are prepared to aggressively defend your legal rights against overzealous prosecutors who believe a person is guilty until proven innocent. To learn more about how you can get the defense you deserve, contact us today for a consultation at (800) 349-1619.
