Top Los Gatos, CA Credit Card Fraud Lawyers Near You

What Is Credit Card Fraud?

Credit card fraud is an offense that takes place when the offender, without the consent of the legitimate cardholder, uses their credit card or credit card details to make illegitimate purchases or withdraw money from the legitimate cardholder’s account.

Credit card fraud is a form of identity theft and is a crime at both the state and federal levels.

What Are Some Common Types of Credit Card Fraud?

Credit card fraud takes many forms. For example, simply stealing the physical card of the legitimate cardholder and then using the card to make fraudulent in-person or online transactions for the offender’s own benefit qualifies.

Likewise, skimming credit cards at a point-of-sale also constitutes credit card fraud. A dishonest gas station employee who skims the credit card of a legitimate cardholder paying for their bill, then later uses that skimmed data (either selling it on the dark web or by using it directly) is also guilty of credit card fraud.

The prevalence of card chips in contemporary credit cards (and readers that allow would-be criminals to steal data merely by being within range) has led to a prevalence in interest in protecting physical credit card credentials. Chip-blocking shields or sleeves have become standard in many households, with banking institutions joining the trend of issuing sleeves to their clients.

Can You Go to Jail for Credit Card Fraud in California?

Yes. Credit card fraud is a serious crime and those convicted of charges related to credit card fraud whether in federal or state court could be sentenced to a lengthy jail term, depending on the circumstances surrounding the offense and the total damages incurred by the criminal act in question.

What Is the Punishment for Credit Card Fraud?

If found guilty of credit card fraud at the federal level, you could face the maximum penalty is up to 10 years imprisonment in addition to a potential fine of no more than $10,000 per charge. Some types of credit card fraud involving unauthorized use of certain access devices, or telemarketing scams, are included. In these instances, the maximum penalty is escalated to up to 20 years imprisonment.

State-level statutes vary in how they treat credit card fraud, with some bundling the offense in with other white-collar criminal fraud offenses. The penalty for misdemeanor fraud/credit card fraud (sometimes defined as petty theft) typically ranges from six months to one year in county jail, with restitution and fines according to the value stolen or misappropriated.

The penalty for felony credit card fraud (typically defined as fraud over $400, or grand theft) could result in up to five years jail time, with a sentencing range of one to three years.

Do I Need a Credit Card Fraud Lawyer?

If you are facing charges related to credit card fraud, it is highly advised that you retain experienced legal counsel immediately. Without the guidance and legal expertise of a skilled attorney, your chances of being convicted increase significantly, and likewise, your chances of acquiring an acquittal drop substantially.

Given the complexity of most fraud cases, it is strongly recommended that you speak to an attorney specifically focused on criminal defense cases.

How Can a Lawyer Help With Credit Card Fraud Charges?

While attorney-client privilege affords you the right to speak and strategize with your lawyer, it also affords you the benefit of being able to figure out potential pitfalls for your case well in advance.

A skilled criminal defense attorney might deploy any number of common, effective defenses against credit card fraud charges if your case goes to trial. The prosecution will need to prove intent, and that you acted with intent to defraud a legitimate cardholder (or cardholders) during the proceedings, and this can be a high bar to clear.

A good defense attorney will be able to cast doubt on these accusations, barring the presence of strong material evidence, and may also invoke other defensive options. Arguing that you mistakenly confused an individual’s card with your own, that you were forced into a fraudulent activity via threat or duress and other legal defenses may be possible.