California PC 484e focuses on the unauthorized use of someone else's credit card, while PC 484f discusses the acquisition or possession of lost or stolen credit cards with the intent to use, sell, or transfer them to another party. In this blog, we will discuss both statutes as credit card theft under California law.
Understanding of Credit Card Theft under California Law
California credit card theft is outlined in Penal Code Sections 484e and 484f. These statutes highlight distinct aspects of unauthorized credit card use and the possession of lost or stolen cards with intent, creating a comprehensive framework to address various forms of credit card-related offenses.
- PC 484e — This statute focuses on the unauthorized use of someone else's credit card, emphasizing the unlawful utilization of credit card information without the owner's consent.
- PC 484f — It focuses on the acquisition or possession of lost or stolen credit cards with the intent to use, sell, or transfer them to another party. This section places a premium on proving the defendant's knowledge and purposeful possession of the stolen cards.
Elements of Credit Card Theft
Below are the crucial elements that a prosecutor must prove in a credit card theft charge.
Intent
To secure a conviction, the prosecution must demonstrate that the accused knowingly engaged in unauthorized activities related to the credit card, be it through unauthorized use (PC 484e) or the acquisition and possession of lost or stolen cards (PC 484f).
Proving Knowledge and Purpose
For charges under PC 484f, proving that the accused knew the lost or stolen nature of the credit cards is pivotal. The prosecution must establish that the possession or acquisition was intentional and not incidental.
Value of Property Involved
The severity of credit card theft charges may be based on the value of the property involved. Higher-value thefts often result in more serious penalties, reflecting the gravity of the offense.
Unlawful Acquisition and Possession (PC 484f)
In cases where individuals are charged under PC 484f for the acquisition or possession of lost or stolen credit cards, the prosecution must establish that the defendant not only possessed the cards but did so with the intent to use, sell, or transfer them.
Linking Possession to Intent
The prosecution's case often articulates linking the possession of the credit cards to the alleged intent. Scrutinizing this link becomes a critical element in constructing a defense.
Unauthorized Use (PC 484e)
Under PC 484e, the focus is on unauthorized use. This consists of a range of activities such as making purchases, obtaining goods or services, or engaging in financial transactions without the owner's consent.
Establishing Unauthorized Use
The prosecution must present evidence that the accused knowingly and intentionally engaged in unauthorized activities with the credit card. Understanding what constitutes unauthorized use is crucial for both sides in a legal proceeding.
Penalties for Credit Card Theft
The sentencing guidelines for credit card theft are outlined in Penal Code Sections 484e and 484f.
Degrees of Offense
The severity of the offense and the corresponding punishment often depend on factors such as the value of the property involved, the defendant's criminal history, and the specific circumstances of the credit card theft.
Penalties for Unauthorized Use (PC 484e)
- Misdemeanor Charges — Unauthorized use of credit cards, as outlined in PC 484e, can be charged as a misdemeanor. Misdemeanor penalties may include fines of up to $1,000, probation, and potential imprisonment for up to one year.
- Felony Charges — In cases involving aggravated circumstances, such as high-value theft or repeat offenses, unauthorized use may be elevated to a felony. Felony convictions can result in more severe penalties, including substantial fines of up to $10,000 and longer prison sentences (up to three years).
Punishments for Acquisition or Possession (PC 484f)
- Misdemeanor Charges — Unauthorized use, acquisition, or possession of lost or stolen credit cards under PC 484f can be charged as a misdemeanor, leading to penalties such as fines, probation, and jail term of up to one year.
- Felony Charges — Felony charges for PC 484f may be pursued in cases involving substantial property value, extensive criminal history, or aggravating factors. Felony convictions can result in more significant fines and extended periods of incarceration.
Impact of Property Value on Sentences
California law establishes specific thresholds for property value, distinguishing misdemeanors from felony offenses. Higher-value thefts lead to more severe penalties, reflecting the state's commitment to proportionality in sentencing.
Aggravating Factors
Aggravating factors, such as identity theft, involvement in an organized criminal enterprise, or victimization of vulnerable individuals, can escalate charges from misdemeanors to felonies, influencing the severity of punishments.
Restitution and Civil Consequences
In addition to criminal penalties, individuals convicted of credit card theft may be ordered to pay restitution to the victims. This aims to compensate the victim for financial losses suffered as a result of the theft.
Beyond restitution, credit card theft may lead to civil consequences, including potential lawsuits from victims seeking damages for the harm caused by the offense.
Federal Charges
Federal charges often arise when credit card theft involves activities that cross state lines or extend beyond the borders of the United States. Transactions impacting multiple jurisdictions can prompt federal investigations.
The participation of federal agencies, such as the Federal Bureau of Investigation (FBI) or the United States Secret Service, can shift the jurisdiction from state to federal. These agencies handle cases with significant financial implications or potential threats to national security.
Federal charges are prosecuted by U.S. Attorneys, who operate under the U.S. Department of Justice. These attorneys are seasoned professionals with extensive experience in federal law. These cases are heard in federal courts, where the legal proceedings differ from state courts.
Applicable Federal Statutes in Credit Card Theft Cases
- Wire Fraud (18 U.S.C. § 1343) — Credit card theft often involves electronic transactions, making wire fraud a pertinent federal charge. This statute is commonly invoked when theft activities involve the use of electronic communication methods.
- Identity Theft (18 U.S.C. § 1028) — Federal charges may include identity theft statutes when credit card theft extends to the unauthorized use of personal information for fraudulent activities.
Potential Legal Consequences of Federal Charges
Below are some of the legal consequences of federal charges for credit card theft:
Harsher Penalties
Federal charges carry more severe penalties compared to state charges. Convictions can result in longer prison sentences, substantial fines, and heightened levels of scrutiny throughout the legal process.
Mandatory Minimum Sentences
Federal law imposes mandatory minimum sentences for certain offenses, including those related to credit card theft. Judges may have limited discretion in determining sentences, leading to potentially harsher outcomes.
Impact on Immigration Status
Non-U.S. citizens facing federal credit card theft charges may experience severe consequences, including deportation or denial of entry into the United States.
Professional Licensing and Employment
Federal convictions can have lasting effects on professional licensing and employment opportunities, impacting an individual's ability to rebuild their life post-conviction.
Defenses Against Credit Card Theft
Below are some of the common defenses used to fight credit card theft:
Fourth Amendment Protections
The Fourth Amendment protects individuals against unreasonable searches and seizures. If the evidence was obtained through a violation of these constitutional rights, it may be deemed inadmissible in court. Defense strategies often involve scrutinizing search procedures to ensure they comply with legal standards.
Chain of Custody Challenges
Establishing a clear and unbroken chain of custody for credit cards and related evidence is crucial. Defense attorneys may challenge the integrity of evidence if there are gaps or inconsistencies in how the items were handled from the time of discovery to trial.
Lack of Knowledge Defense
A common defense strategy involves asserting that the accused had no knowledge of the stolen nature of the credit cards. Establishing a lack of awareness can be critical in cases where intent is a key element of the charges.
Absence of Willful Conduct
Arguing that the actions leading to credit card theft charges were not willful or intentional is another defense avenue. This may involve presenting evidence that the defendant's conduct was inadvertent or lacked the requisite intent for criminal liability.
Demonstrating Ownership of the Credit Card
In cases where unauthorized use is alleged, the defense may involve proving that the accused had a legitimate claim to ownership or authorization to use the credit card in question. Establishing a lawful right to possess or use the card can be a potent defense.
Mistaken Identity
Mistaken identity is a plausible defense strategy, particularly in cases where the prosecution relies on witness identification. Challenging the reliability of identification procedures or presenting evidence of an unreliable eyewitness can be crucial.
Alibi Evidence
Offering an alibi is a powerful defense, demonstrating that the accused was not at the location or involved in the alleged credit card theft at the time of the incident. Alibi evidence may involve eyewitness accounts, surveillance footage, or other verifiable records.
Negotiating Plea Bargains in Credit Card Theft Cases
Plea bargaining offers a resolution that avoids the uncertainties and risks associated with a trial. In credit card theft cases, the negotiation process may involve discussions between the defense and prosecution to reach a mutually acceptable agreement.
Below are some of the factors influencing plea negotiations in credit card theft cases:
- Strength of the Prosecution's Case — The strength of the prosecution's case is a pivotal factor in negotiations. If the evidence against the accused is robust, the defense may have a greater incentive to negotiate a favorable plea deal to mitigate potential harsh consequences at trial.
- Defendant's Criminal History — The defendant's criminal history can significantly impact plea negotiations. A clean record may provide leverage for the defense in seeking a more favorable resolution, while a history of prior offenses may limit bargaining power.
- Severity of Charges and Potential Penalties — The severity of the credit card theft charges and the potential penalties upon conviction play a central role in negotiations. Prosecutors may be more willing to negotiate if the defendant is cooperative and willing to accept responsibility.
Mitigating Circumstances
Mitigating circumstances, such as the defendant's role in the offense, lack of a violent history, or evidence of remorse, may be presented during negotiations to sway the terms of the plea deal in a more favorable direction.
Potential Outcomes of Plea Deals in Credit Card Theft Cases
The outcomes of plea negotiations mainly include:
Charge Reductions
One common outcome of plea negotiations is the reduction of charges. For credit card theft cases, this may involve reducing felony charges to misdemeanors or dropping certain counts altogether.
Sentence Recommendations
Negotiated plea deals often include sentence recommendations. Prosecutors may propose lesser sentences in exchange for a guilty plea, providing a level of predictability for both the defendant and the court.
Conditional Dismissals
In some cases, especially where the evidence may be contested, a plea deal may include conditional dismissals. This involves the agreement to dismiss charges if certain conditions, such as completing probation or restitution, are met.
Expungement of Convictions for Credit Card Theft
Expungement in California, governed by Penal Code Section 1203.4, is a legal process that allows individuals to petition the court to set aside or dismiss a criminal conviction from their record. Individuals convicted under Penal Code Sections 484e and 484f may be eligible for expungement if they meet the prescribed criteria.
Navigating the Expungement Process
Below are the steps involved in the expungement process:
Consultation with Legal Counsel
The expungement process begins with a consultation with legal counsel. Experienced attorneys specializing in criminal law and expungement can provide guidance on eligibility, prepare necessary documents, and navigate the legal procedures.
Filing the Expungement Petition
Individuals seeking expungement file a petition with the court where the conviction occurred. This comprehensive document outlines the case for expungement, emphasizing rehabilitation efforts and compliance with the terms of the sentence.
Court Review and Potential Hearing
The court reviews the expungement petition, considering various factors. In some cases, a hearing may be held to further evaluate the petitioner's eligibility and commitment to rehabilitation.
Notification to Relevant Agencies
If the court grants the expungement, the order is sent to relevant agencies, including law enforcement and the Department of Justice, to update their records accordingly.
Related Offenses
Below are some offenses that address crimes that intersect with the unauthorized use or possession of credit cards.
Credit Card Fraud (Penal Code Section 484g)
Credit card fraud, as outlined in Penal Code Section 484g, involves obtaining or attempting to obtain money, goods, or services using a credit card with the knowledge that the card is forged, altered, expired, or belongs to someone else.
While credit card theft involves the unauthorized taking or possession of credit cards, credit card fraud focuses on the illicit use of credit cards with the intent to deceive or defraud.
Forgery (Penal Code Section 470)
Penal Code Section 470 addresses forgery, a crime that can be closely linked to credit card offenses. Forging signatures on credit card receipts or altering credit card information may lead to charges under this section. The use of false instruments, including forged credit cards or altered credit card information, falls within the purview of forgery laws.
Identity Theft (Penal Code Section 530.5)
Identity theft, as defined in Penal Code Section 530.5, encompasses the unauthorized acquisition and use of someone's personal identifying information, including credit card details, with the intent to commit fraud or other unlawful activities.
Credit card theft often intersects with identity theft when offenders not only take possession of credit cards but also use stolen personal information to commit financial crimes. Prosecution may occur under both credit card theft and identity theft statutes.
Burglary (Penal Code Section 459)
Penal Code Section 459 defines burglary as entering a structure with the intent to commit theft or another felony inside. In the context of credit card offenses, burglary charges may arise when individuals unlawfully enter premises to steal credit cards or related information.
Fraudulent Use of Access Cards (Penal Code Section 484h)
Penal Code Section 484 h specifically addresses the fraudulent use of access cards, which includes credit cards, debit cards, and other electronic payment methods. Offenses under this section involve using a card with the intent to defraud, knowing that the card is forged, expired, or revoked.
Counterfeiting Credit Cards (Penal Code 484i)
Penal Code 484i focuses on the act of counterfeiting credit cards. This offense involves the creation or alteration of credit cards with the intent to deceive, defraud, or facilitate unauthorized financial transactions. The section entails a broad range of activities related to the manipulation or reproduction of credit card information.
Publishing Credit Card Information (Penal Code 484 j)
Penal Code 484 j addresses the act of publishing credit card information without authorization. This offense involves making credit card details available to the public, whether through traditional means or online platforms. The provisions of Penal Code 484 j cover a broad range of actions, from traditional methods such as printed publications to the digital landscape where websites, forums, or social media platforms may be utilized to disclose credit card information.
Find a Criminal Defense Attorney Near Me
Facing credit card theft charges is a serious legal matter, and it's crucial to approach the situation with legal representation. At California Criminal Lawyer Group in San Jose, we are experienced in handling credit card theft cases and we can offer you the legal representation you need. Call us today at 408-622-0204.
