Credit card theft happens when an individual steals someone’s credit card or the information on their credit card. The individual then attempts to or successfully uses the credit card without the owner’s permission. In California, credit card theft is referred to as credit card fraud.
Credit card fraud is defined as obtaining a person’s card with intent to gain value from the credit card. The card or information on the card must be taken without permission.
An access card is a term used to mean credit card, debit card, or anything used to obtain “value”. Value is described as:
No. Anyone can be charged with credit card fraud in California if they have the information on the card. It’s also a crime to possess the access card with the intent to use it without actually using it. A person can be charged with this crime if they transfer or sell the information, but never personally use the card or information on it.
Credit card fraud is considered grand theft. Grand theft involves taking either property or money over a certain amount. On some occasions, credit card fraud may be considered a petty theft misdemeanor.
The state considers this crime a “wobbler.” A wobbler can be a misdemeanor or felony. If charged as a misdemeanor, it’s one year in jail and probation. If it’s a felony, it’s one to three years in prison.
Yes, when facing such a serious crime, a criminal lawyer can help you understand your rights and possible defenses.
Last Modified: 05-09-2016 11:35 AM PDTLaw Library Disclaimer
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