Orange County Criminal Lawyers
Credit Card Fraud in Aliso Viejo
Under California Penal Code Sections 484-502.9 (Credit Card Fraud Laws), the state of California criminalizes several activities related to access cards which include; debit cards, credit cards and account numbers related to these cards.
The activities related to these ‘access cards’ that may lead to forgery and fraud charges by the prosecutor include:
- Altering or making an access card
- Signing a fictitious name or cardholder’s name that doesn’t belong to you in order to use an access card
- Unauthorized use of another person’s access card (without their permission) with the intent to fraudulently obtain goods, services or money
- Stealing an access card or obtaining a forged or altered access card
- Keeping and continuously using an access card after finding out that it has already expired.
Penalties for credit card fraud
- If within a period of 6 consecutive months, the goods, services or money that are obtained through any of the above activities exceeds $950, then the prosecution can charge the arrested person with ‘grand theft’. The penalties for a successful conviction include;
- Up to 1-year in county jail or a fine of up to $1,000 for a misdemeanor charge or
- 16-months to 2 years in county jail and a fine of up to $10,000 for a felony charge
- Forgery charges with similar penalties to grand theft may also be brought against the arrested person
- For amounts less than $950 obtained through any of the above activities a lesser charge of ‘petty theft’ is likely to be the result. The penalties punishable for this crime will be for a misdemeanor charge and include; up to 6 months in county jail and a fine of up to $1,000
There are several possible strategies that can be used if you find that you or a loved one is charged with credit card fraud. Defenses for credit card lawsuits can include mistaken identity. Mistaken identity can be used as a defense if there is an occurrence where one has been sued on a debt you do not owe because you may have a name similar to the person who is guilty of owing money. A more common defense is improper service of the summons and complaint, where each state has its own requirements on how service of process must be accomplished. Service of process is what must happen when someone takes legal action against another, and the person who is taking action has to provide service of process to notify the other party that the suit was filed. Some will say that the delivery of the summons and complaint to start the suit was not properly served. Another example is that the debt is too old to be enforced. The time a creditor has to file a suit against you is limited from state to state. What is most important is for you to have a competent and persuasive criminal defense attorney on your side.
Contact Johnson Criminal Law Group to defend you today