Credit Card Fraud in California: Penal Code 484e, 484f, and 484g Explained
The short answer: California does not have a single crime called "credit card fraud." Instead, Penal Code sections 484e through 484i break the conduct into pieces: stealing or possessing someone else's card or account number is charged under Penal Code section 484e, forging a card or a signature on a card receipt is charged under Penal Code section 484f, and actually using a stolen, forged, expired, or revoked card to get money, goods, or services is charged under Penal Code section 484g. Most of these offenses are punished as theft, which means the $950 line from Proposition 47 usually decides whether you face a misdemeanor or a felony. This guide from Gramling Law Group explains what the prosecutor must prove, how these cases are defended, and what a conviction costs beyond the courtroom, whether your case is at the Victorville courthouse in the High Desert, the Rancho Cucamonga courthouse, the Riverside Hall of Justice, or the Clara Shortridge Foltz Criminal Justice Center in downtown Los Angeles.
How these cases usually start. A credit card fraud case rarely begins with a traffic stop. It begins when a cardholder disputes charges, the bank's fraud unit pulls the transaction records, and a loss prevention team at a Victorville, Ontario, or Riverside retailer matches the transaction time to surveillance video. Weeks or months later a detective calls or a letter arrives. The detective wants a statement, and that statement is often the only evidence that ties the person on the video to the knowledge required for a conviction. Read our guide on what to do when a detective calls and asks you to come in before you return that call.
What Counts as an Access Card Under California Law?
The statute uses the term "access card." Penal Code section 484d defines an access card as any card, plate, code, account number, or other means of account access that can be used to obtain money, goods, services, or anything else of value, or to initiate a transfer of funds. That definition reaches credit cards, debit cards, gift cards tied to an account, and the bare account number typed into a website with no physical card at all. The same section defines "cardholder," "issuer," and what it means for a card to be "expired" or "revoked," and those definitions feed directly into the elements of each offense.
Why the definitions matter. Because an access card includes an account number, a person who never touched a physical card can still be charged under these sections for using a number found in a text message, a saved browser, or a data breach dump. The prosecutor still has to prove knowledge and intent, which is where most of these cases are won or lost.
Penal Code 484e: Stealing or Possessing Someone Else's Card
What section 484e covers. Penal Code section 484e has several subdivisions. Subdivision (a) makes it grand theft to sell, transfer, or convey an access card without the cardholder's or issuer's consent. Subdivision (b) covers acquiring access cards issued to four or more people with intent to defraud. Subdivision (c) makes it petty theft to acquire or retain possession of an access card without consent and with the intent to use, sell, or transfer it. Subdivision (d) makes it grand theft to acquire or retain access card account information, meaning the number itself, without consent and with the intent to use it fraudulently.
The elements of a 484e(c) possession charge. To convict under subdivision (c), the prosecutor must prove beyond a reasonable doubt (1) that you acquired or retained possession of an access card, (2) that the card was issued to someone else, (3) that you did not have the cardholder's or issuer's consent, and (4) that you intended to use it, sell it, or transfer it to someone other than the cardholder or issuer. Finding a card on the ground and holding it while you look for the owner is not a crime; holding it in your wallet for a week with no attempt to return it is a case the DA will file.
The Supreme Court narrowed 484e(d). Subdivision (d) says acquiring account information is grand theft, but in People v. Romanowski the California Supreme Court held that Proposition 47 applies to this offense, so when the value of the stolen account information is $950 or less the crime is petty theft under Penal Code section 490.2 and must be charged as a misdemeanor. Valuing a stolen card number is not straightforward, and Romanowski directs courts to look at the reasonable and fair market value of the information, including what it would sell for on an illegal market, rather than the credit limit on the account. That valuation fight is often the first battle in a High Desert or Inland Empire card case.
Penal Code 484f: Forging a Card or a Signature
What section 484f covers. Penal Code section 484f makes it forgery to alter, counterfeit, or make a fake access card with the intent to defraud, and it separately makes it forgery to sign someone else's name, or a fictitious name, on a card, a sales slip, or a transaction document with the intent to defraud. Tapping a stolen card and signing "J. Smith" on the receipt is a section 484f offense in addition to a section 484g offense.
The elements. The prosecutor must prove (1) that you altered, made, or counterfeited an access card, or signed someone else's name or a fictitious name on a card or transaction document, (2) that you did so with the intent to defraud, and (3) in a signature case, that you did not have authority to sign. Because section 484f is punished as forgery, the general forgery statute at Penal Code section 470 and the $950 misdemeanor rule for forgery under Penal Code section 473 become relevant, and our guide to forgery under Penal Code 470 covers that framework.
Penal Code 484g: Using a Stolen, Forged, or Revoked Card
What section 484g covers. Penal Code section 484g is the charge for actually using the card. It applies when a person, with intent to defraud, uses an access card that was obtained in violation of section 484e, that was altered or forged under section 484f, or that the person knows is expired or revoked, in order to obtain money, goods, services, or anything of value. It also covers using an access card number without the card.
The elements. The prosecutor must prove (1) that you used an access card or account number to obtain something of value, (2) that the card was stolen, forged, or counterfeit, or that you knew it was expired or revoked, (3) that you knew that fact at the time you used it, and (4) that you acted with the intent to defraud. Knowledge is the heart of the case. A person who uses a card a friend handed them, believing the friend was authorized, has not committed the crime even if the friend lied.
The $950 rule. Section 484g itself draws the line. If the total value obtained in any six consecutive months is more than $950, the offense is grand theft; if it is $950 or less, it is petty theft. That aggregation rule means a series of small purchases over a few weeks can add up to a felony, and the prosecutor will use bank records to total them. Our guides to grand theft under Penal Code 487 and to what happens if you are caught shoplifting explain how the petty theft and grand theft lines work in other theft cases.
Related Charges the Prosecutor Often Adds
Identity theft under Penal Code 530.5. Almost every card case in San Bernardino, Riverside, or Los Angeles County is filed with a companion count under Penal Code section 530.5, which prohibits willfully obtaining and using another person's personal identifying information for an unlawful purpose. Identity theft is a wobbler and is not subject to the $950 rule, so a prosecutor who cannot prove a felony under section 484g may still have a felony under section 530.5. Our guide to identity theft under Penal Code 530.5 explains how the two charges interact.
Burglary, receiving stolen property, and false pretenses. Entering a store with the intent to use a stolen card can be charged as burglary under Penal Code section 459, although for most retail entries during business hours the shoplifting statute at Penal Code section 459.5 limits the charge to a misdemeanor when the value is $950 or less. Possessing a wallet full of someone else's cards can be charged as receiving stolen property under Penal Code section 496, and obtaining goods by lying about authority can be theft by false pretenses under Penal Code section 532. See our guides to burglary and receiving stolen property.
Federal exposure. Large or organized card schemes, especially those involving skimmers, counterfeit cards, or interstate transactions, can be prosecuted federally under the access device fraud statute, and federal sentencing is driven by total loss. Most individual cases in the Inland Empire stay in state court, but a case with dozens of victims may draw federal interest.
Defenses to Credit Card Fraud Charges in California
No knowledge. The most common defense is that you did not know the card was stolen, forged, expired, or revoked. A spouse, parent, or employer who handed you a card and told you to use it, a card you reasonably believed was yours, or a stored number you did not realize was still active are all facts that defeat the knowledge element. The prosecutor cannot convict on the fact of the transaction alone; the state must prove what was in your mind.
Consent or authorization. Many card cases arise between family members, roommates, and former partners. If the cardholder gave you permission to use the card, even for a limited purpose, and the dispute is really about how much you spent or whether the permission was revoked, that is a civil dispute dressed up as a crime. Text messages, past transaction history showing the cardholder knew you used the card, and the timing of the complaint relative to a breakup are the evidence that proves consent.
Mistaken identity. Surveillance video from a Hesperia or Pomona store is often grainy, the clerk never looked at a photo identification, and the transaction may have been made with a card number rather than a card. When the only link between you and the transaction is a blurry still and a detective's opinion, the identification is the weak point. Our guide to what makes a criminal case weak describes how those cases fall apart.
Illegal search. Cards, phones, and account records are usually found during a search, and if the search of your car, your home, or your phone violated the Fourth Amendment, the evidence can be suppressed under Penal Code section 1538.5. Under Riley v. California, police generally need a warrant to search a cell phone, and a phone is where most of the evidence in a card case lives. See our guides to 1538.5 motions and to whether police can use your text messages.
Valuation. Because the misdemeanor or felony line is $950, challenging the prosecution's total is a real defense. Declined transactions do not count toward value obtained, refunded purchases are contested, and under Romanowski the value of stolen account information is its market value, not the credit limit. Reducing the total below $950 changes the case from a felony to a misdemeanor and opens the door to diversion.
Penalties for Credit Card Fraud in California
Petty theft. When the offense is petty theft, meaning possession under section 484e, subdivision (c), or use of $950 or less under section 484g, it is a misdemeanor punishable under Penal Code section 490 by up to six months in county jail and a fine. Most first-time petty theft card cases in the Inland Empire resolve with probation, restitution, and a theft class, and many are eligible for diversion.
Grand theft and forgery. When the offense is grand theft, meaning a sale or transfer under section 484e, subdivision (a), account information theft over $950 under subdivision (d), or use of more than $950 under section 484g, the crime is a wobbler. Under Penal Code section 489 grand theft can be a misdemeanor punishable by up to one year in county jail or a felony punishable by 16 months, two years, or three years, which is served in county jail under Penal Code section 1170, subdivision (h). Forgery under section 484f is also a wobbler. A felony filing can be reduced to a misdemeanor under Penal Code section 17, subdivision (b), at the preliminary hearing, at sentencing, or after probation, as explained in our guide to reducing a felony to a misdemeanor.
Restitution is mandatory. Under Penal Code section 1202.4 the court must order restitution to the cardholder or the bank for every economic loss caused by the offense, and the restitution order survives probation and cannot be discharged in bankruptcy. In a card case the restitution figure is usually the disputed charges, and prosecutors treat early repayment as a reason to reduce the charge. Our guide to restitution in a criminal case explains how the amount is set.
Diversion and dismissal. A misdemeanor card case is eligible for judicial diversion under Penal Code section 1001.95, which allows the judge to pause the case for up to 24 months, impose restitution and a class, and dismiss the charge on completion, even over the prosecutor's objection. After a conviction, a misdemeanor or a reduced felony can be dismissed under Penal Code section 1203.4 using form CR-180 once probation is complete. See our guides to misdemeanor diversion and to expunging a criminal record.
Collateral Consequences of a Card Fraud Conviction
Immigration. Theft and fraud offenses are generally treated as crimes involving moral turpitude, and a fraud conviction with a loss to the victim over $10,000 can be an aggravated felony with mandatory removal consequences. Under Penal Code section 1016.3 your attorney must advise you of the immigration consequences before any plea, and under Padilla v. Kentucky failing to do so is ineffective assistance. Our guide to immigration consequences of a criminal conviction covers the analysis.
Employment and licensing. A theft or fraud conviction is the type of record that banks, retailers, and licensing boards screen for, and nursing, real estate, insurance, and security guard licenses all treat dishonesty offenses as substantially related. A dismissal under Penal Code section 1203.4 helps with private employers but must still be disclosed to most licensing agencies.
Firearms and custody. A felony conviction brings a lifetime firearm ban under Penal Code section 29800, which is one reason a 17(b) reduction matters. A theft conviction has no direct effect on custody, but a felony record is something a family court can weigh under Family Code section 3011 when it considers a parent's judgment.
Where Credit Card Fraud Cases Are Heard in Southern California
Inland Empire and High Desert. San Bernardino County cases are heard at the San Bernardino Justice Center, the Rancho Cucamonga courthouse for Ontario, Upland, and Chino, the Fontana courthouse, and the Victorville courthouse for Victorville, Hesperia, Apple Valley, and Adelanto, with Barstow and Joshua Tree serving the outer desert. Riverside County cases go to the Riverside Hall of Justice, the Southwest Justice Center in Murrieta, or the Larson Justice Center in Indio. Confirm your assignment on the court's website. See our Victorville, Hesperia, Rancho Cucamonga, and Riverside criminal defense pages.
Los Angeles and Orange County. Los Angeles County cases are heard at the Clara Shortridge Foltz Criminal Justice Center downtown and at the Pomona, Van Nuys, Long Beach, Torrance, and Pasadena courthouses depending on where the transactions occurred, and Orange County cases are heard at the Central Justice Center in Santa Ana and its regional justice centers. See our Los Angeles, Pomona, and Santa Ana pages. Because card transactions cross city lines, venue is sometimes contested, and a single case can include purchases from several courthouse districts.
How the case moves. If you were cited or received a letter, your first appearance is an arraignment under Penal Code section 988, and in a misdemeanor your attorney can usually appear for you under Penal Code section 977. The prosecutor must turn over the bank records, surveillance stills, and any statement under Penal Code section 1054.1, and most card cases resolve at the pretrial conference stage. Our guide to what happens next after you are charged walks through each date.
Frequently Asked Questions
Is credit card fraud a felony in California?
It depends on the amount and the subdivision. Using a stolen or forged card to obtain more than $950 in any six consecutive months is grand theft under Penal Code section 484g and can be filed as a felony, as can selling or transferring a card under section 484e, subdivision (a). Using $950 or less, or simply possessing someone else's card, is petty theft and a misdemeanor. Identity theft under Penal Code section 530.5, which is often filed alongside, is a wobbler regardless of amount.
What if I used a family member's card and they said I could?
Consent defeats the charge. Every section from Penal Code section 484e through Penal Code section 484g requires the use to be without the cardholder's consent or with intent to defraud, and permission from the cardholder is a complete defense. These cases usually turn on proof of the permission, so preserve texts, emails, and the history of past authorized use before you speak to anyone about the case.
Can I be charged if I never had the physical card?
Yes. Penal Code section 484d defines an access card to include an account number or other means of account access, so using a number online or over the phone is treated the same as swiping the card. The prosecutor must still prove you knew the number was not yours to use and that you intended to defraud.
Will I have to pay the money back?
Yes, if you are convicted or placed on diversion. Penal Code section 1202.4 requires full restitution to the victim for every economic loss, and judges in San Bernardino, Riverside, and Los Angeles County make restitution a condition of diversion under Penal Code section 1001.95 as well. Paying restitution early is often the single most effective step toward a reduced charge.
Can a credit card fraud conviction be expunged?
Usually yes. A misdemeanor, or a felony reduced under Penal Code section 17, subdivision (b), can be dismissed under Penal Code section 1203.4 after probation is complete, using form CR-180. A case resolved by diversion is dismissed outright and the arrest record can be sealed. The dismissal does not erase the conviction for immigration purposes and must still be disclosed to many licensing boards.
Do I need a lawyer for a credit card fraud charge?
Yes. Card cases are document cases, and the difference between a felony and a misdemeanor, or between a conviction and diversion, usually comes down to valuation, knowledge, and whether you gave a statement before you had counsel. Daniel Gramling, Esq. defends theft and fraud cases throughout Southern California and offers flat-fee and limited-scope options so the cost is clear from the start.
Talk to a Southern California Theft and Fraud Defense Attorney
Gramling Law Group defends credit card fraud, identity theft, and theft cases at the Victorville courthouse, the San Bernardino Justice Center, the Rancho Cucamonga and Fontana courthouses, the Riverside Hall of Justice, the Southwest Justice Center, the Clara Shortridge Foltz Criminal Justice Center, and courthouses throughout the Inland Empire, the High Desert, Los Angeles County, Orange County, and Southern California. Daniel Gramling, Esq. offers flat-fee criminal defense and limited-scope options for theft and fraud cases in Victorville, Hesperia, Rancho Cucamonga, Riverside, Pomona, and Santa Ana. Call (909) 654-4575 or contact us through this website for a consultation.
This article is educational and is not legal advice. Reading it does not create an attorney-client relationship. It addresses California law only.
Related Guides From Gramling Law Group
Learn more about our criminal defense practice serving the Inland Empire, Los Angeles County, and Southern California.
Facing theft or fraud charges in the Inland Empire or the High Desert? See our Victorville criminal defense, Rancho Cucamonga criminal defense, and Riverside criminal defense pages and our Inland Empire criminal defense guide.
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