California Penal Code 484(e) makes it a crime to obtain another person's credit or debit card information illegally. In most cases, the stolen credit card information is used to make purchases which causes a loss to the credit card holder. This statute addresses not only credit card information but also debit cards, ATM cards, and account numbers associated with the cards.
If you are arrested for stealing another person's credit card information, the court will file misdemeanor or felony charges. Often most theft crimes are classified into petty and grand theft, depending on the amount you intend to steal. A conviction for stealing credit card information attracts serious legal consequences, including jail time and fines.
If you or your loved one faces charges for theft of credit card information, you will require the guidance of a skilled criminal defense lawyer by your side. Your attorney will help protect your right and guide you toward building a solid defense against the charges.
Understanding Theft of Credit Card Information
Under California PC 484(e), you will be arrested and charged if you obtain, steal, or transfer another person's credit card or debit card information with fraudulent intent. It is illegal to engage in the following conduct:
- Receive a credit card or credit card information with the knowledge that it was stolen.
- Take a credit card without the cardholder's consent.
- Receive a stolen credit or debit card with the intent to sell it to another person.
- Receive a misdelivered or lost card and use it to purchase goods or sell it to someone else.
- Purchase a debit or credit card from another person other than the user.
- Receive a credit card as payment for a debt with the intent to defraud the user.
Before you face a conviction under this statute, the prosecution must establish the following elements:
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You Acquired, Sold, or Transferred a Credit Card Without the Owner's Consent
The first key element of PC 484(e) is that you obtained or transferred a credit card or its information without its owner's consent. If you are found in possession of a credit card that does not felony you, you must explain why it is in your position and whether or not the owner authorized it. Often, investigations for this crime begin when a person reports a stolen credit card.
If you mistakenly receive a credit card delivery, you must return it to the bank or owner. Using this credit card or selling it to another person is a crime that attracts charges under this statute. This applies to credit cards, debit cards, and account information attached to the credit card.
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You Intended to Use the Credit Card Information Fraudulently
An intention to defraud another person is critical for most credit card crimes. Defrauding means that you tried to trick someone or use dishonest means for financial gain. You cannot be convicted under this statute if there is no evidence of your fraudulent intent.
You must understand that evidence of a financial loss is not necessary to convict you of credit card information theft. Having fraudulent intent when engaging in the act is enough for the prosecution to convince the court of your guilt.
Sentencing and Punishment for Credit Card Information Theft
Violation of PC 484(e) is a wobbler. In California, a wobbler is an offense that can attract misdemeanor or felony charges. Often, the circumstances of your case, your criminal history, and the amount of money involved in your theft crime dictate the type of charges that the prosecution will file.
Theft of credit card information is mostly a misdemeanor if the money you intended to defraud from the stolen credit card does not exceed $950. A conviction for misdemeanor credit card theft attracts a one-year jail sentence and fines that do not exceed $1,000.
Your crime attracts felony charges under the following circumstances:
- You stole the credit card information with the intent to defraud $950 or more.
- You transfer, convey or sell a credit card without the owner's consent.
- You hold a credit card intending to sell it for fraudulent purposes.
- You acquire account information for which the credit card was obtained with a fraudulent intent.
- You fraudulently acquire credit card information for more than four individuals within twelve months.
A conviction for felony theft of credit card information is punishable by:
- A prison sentence of up to three years.
- Fines amounting to $10,000.
- Victim restitution.
If the victim of your crimes suffers a significant loss from your actions, sentencing enhancements could apply, causing you to face a lengthier sentence.
Probation for Credit Card Information Theft
When you face a conviction for stealing another person's credit card information, you can escape incarceration through a probation sentence. Probation allows you to spend a portion of your sentence on community service. If you are a first-time offender or do not have an extensive criminal history, your lawyer can negotiate with the prosecution for this sentence.
You can be sentenced to probation for a felony or misdemeanor conviction. Probation for this offense will last between one and five years, depending on the nature of your conviction. Throughout your probation, the court may require you to follow the following conditions:
- Pay victim restitution.
- Cover your fines and court fees.
- Avoid criminal conduct.
- Make regular reports to your probation officer for felony probation.
Although probation can save you from prison or jail time, failure to follow the probation conditions may result in revocation.
Legal Defense Against California Penal Code 484(e) Charges
Facing an arrest and conviction for stealing credit card information attracts severe penalties. After you have served your jail sentence and paid the fines, the conviction remains on your record. Criminal records are public in California. Your theft conviction will constantly appear in your background checks and can be used against you.
Therefore, you must have a strong legal team to help you fight the charges. Common defenses you can employ against charges for stealing credit card information include the following:
Absence of Fraudulent Intent
The prosecution can only prove your guilt under PC 484(e) if it is clear that you obtained or kept the credit card information to defraud the credit card owner. An intent to defraud means you planned to use the card to purchase items unlawfully.
Proving fraudulent intent is challenging, especially when there is no evidence proving that you used a credit or debit card. This allows your lawyer to cast reasonable doubt in the prosecutor's case.
If the case against you is solely based on a piece of information that depicts fraudulent intent, creating reasonable doubt could cause a dismissal of your charges.
Insufficient Evidence
Due to the loss caused by theft and use of another person's credit card information, law enforcement officers quickly arrest a person suspected of violating Penal Code 484(e). The prosecution files charges immediately and sometimes without enough evidence to back their claims.
In California, up to 40% of credit card theft charges are dismissed for lack of evidence. Before establishing your guilt under this statute, the prosecution must prove all the elements of the crime and support them with circumstantial, physical evidence and witness testimonies. You can fight the allegations and avoid a conviction if insufficient evidence supports a case.
Good Faith Mistake
No emergency justifies stealing another person's credit card information or defrauding them. However, you can defend against PC 484(e) charges by arguing that you believed you were doing the right thing when you acted. Although this may not result in a dismissal of your case, you can receive a more lenient penalty.
You Acted Under Duress
You commit a crime through duress when a person threatens violence if you fail to act against your better judgment. If you were threatened to obtain credit card information from another person and pass it to the actual perpetrator of a fraud crime, you could use this defense against your charges. However, you must understand that common pressures like the need to pay your bills do not constitute duress under this statute.
Unlawful Search and Seizure
When law enforcement officers learn or are tipped off about your alleged theft of credit card information, they may quickly begin their investigation. Police officers search your computer bank information and check your purchases and expenditure. While the quick reaction will help them obtain critical evidence, such actions violate your rights against unlawful search and seizure.
In California, an unlawful search and seizure constitute searching your property, accounts, or person without a valid warrant. Additionally, a search beyond the warrant's scope is considered unlawful. If the prosecution builds a credit card theft crime on evidence obtained illegally, you can petition the court to throw the evidence out of your case.
Removing some pieces of evidence from the case weakens the prosecutor's claim and increases your chances of avoiding a conviction.
Expiration of the Statute of Limitations
California law limits the time the prosecution can bring criminal charges after the crime has occurred. The statute of limitations for theft and fraud crimes is three years. Therefore, even when a case is rightful, and there is compelling evidence to prove that you stole the credit card information, you cannot be tried or convicted for charges filed after the statute of limitations has elapsed.
However, you must understand that if you conceal the crime, the statute of limitations starts when the crime is discovered.
Civil Compromises in a Penal Code 484(e) Case
In California, justice for criminal acts is sought through filing and pursuing criminal cases. A criminal prosecution's end goal is to punish a guilty individual with jail time, fines, or both. Although these types of punishment will satisfy victims, they will not recover from their losses. A civil compromise is a middle ground where criminal charges are dropped in exchange for compensation for the losses resulting from the crime.
A civil compromise is an outcome designed to benefit all the parties involved. Not all criminal cases can be solved through a civil compromise. Often, this option is available for individuals facing shoplifting charges and charges or other misdemeanor theft crimes. If you face criminal charges for stealing credit card information, your attorney can convince the court and the victim to enter a civil compromise.
Before you enter a civil compromise for your case, the victim of your credit information theft must appear before the court and inform the court that they seek compensation for their loss. Additionally, they must not be willing to pursue charges against the defending after the civil compromise. Your criminal charges are dismissed when each party is satisfied with the civil compromise.
Each party involved in the court process will benefit from a civil compromise. Victims benefit from receiving compensation for any losses they cause with their criminal actions. The courts will also enjoy an efficient and smooth process without allocating resources for a criminal trial.
A conviction for stealing credit card information can land you behind bars. Spending time in jail is not on any person's wish list. Therefore, anything you can do to avoid jail is worth it. After entering a civil compromise, you will not spend any time in jail. Instead, you will compensate the victim for their losses.
You can only enter a civil compromise if you face misdemeanor charges. Therefore, if you are charged with felony violation of Penal Code 484(e), this will not be an option, and you can be convicted and sent to jail.
Sealing a California Penal Code 484(e) Arrest
In California, criminal records include both arrest and conviction information. An arrest for theft of credit card information could have collateral consequences even when you are acquitted of the offense.
Sealing an arrest record is a form of relive where your arrest record is destroyed and will not appear on your criminal record. When an arrest record is not public, and you have no obligation to disclose it, employers and landlords cannot use it against you.
You will be eligible to seal your Penal Code 484(e):
- The prosecution did not file charges against you within the statute of limitations provided for your crime.
- The prosecutor filed charges, but they were dismissed and cannot be refiled.
- The charges were filed, and you were found not guilty after trial.
- You were convicted, but the conviction was vacated or reversed after a successful appeal.
The main difference between sealing and expungement is that sealing a record involves destroying the arrest information, while expungement involves avowing the disabilities of a conviction.
You can seal your PC 484(e) arrest record through the following process:
Filing a Petition
You must file a petition to seal your record in a superior court where your charges were filed. If no charges were filed, you would do it in the city or county where your arrest occurred. The petition is served to the law enforcement agency that arrested you and the city prosecuting attorney. Under California Penal Code 851.9, you must provide the following information in your record-sealing petition:
- Your name and date of birth.
- The date of your arrest.
- The jail where you were held after an arrest.
- Information about the law enforcement agency that arrested you.
- Identification information of your case, including the case number.
- Details of the crime for which you committed.
- A statement on how sealing your record is in the interest of justice.
Attend a Hearing
The court schedules a hearing if the district attorney is not on board with the petition to seal your arrest for stealing credit card information. Depending on the county of your arrest, you can attend the hearing or have a lawyer represent you. The court takes up to ninety days to decide whether you deserve to have your arrest record sealed.
If the court grants your petition, your arrest record is destroyed and doesn't appear anywhere on your criminal history. An arrest for theft of credit card information can attract social stigma and affect your relationships even when you are acquitted. However, sealing the record eliminates your association with the crime. Additionally, employers cannot discriminate against you based on a sealed arrest record.
Find a Reliable Los Angeles Criminal Defense Lawyer Near Me
If you acquire, sell, or transfer another person's credit card information with the intent to defraud them, you could be arrested and charged with theft of credit card information under PC 484(e). A violation of this statute is a serious crime that attracts severe legal consequences. Whether you face a misdemeanor or felony conviction, the conviction enters your permanent criminal record.
Fortunately, facing an arrest for stealing credit card information does not mean you will be convicted. With the guidance of a skilled attorney, you can employ various defenses to have your charges reduced, dropped, or obtain a not-guilty verdict in your case. The choice of your defense lawyer can significantly affect the outcome of your case.
At Los Angeles Criminal Lawyer, we have the legal knowledge and experience you need to fight your Penal Code 484(e) charges and avoid a conviction. We serve clients seeking legal guidance to battle credit card theft charges in Los Angeles, CA. Contact us at 310-502-1314 today to discuss the details of your case.
