California Credit Card Fraud Penalties

According to the California IC3 Internet Crime Report, 7.6 percent of all Internet crime perpetrated in 2010 was credit card fraud. California has strict laws against credit card fraud. Those who commit the crime can be charged with a felony or misdemeanor, depending on several factors, including the dollar amount of the fraud. Penalties for credit card fraud can include fines and imprisonment.

Definition

Several crimes constitute credit card fraud, from writing down someone's credit card number and using it to obtaining the actual card and making purchases without permission. Consumers have fallen victim to credit card fraud when unscrupulous retail employees have copied down numbers during a transaction and then used number to order merchandise online. In addition, pre-approved cards sent to mailboxes sometimes are stolen and can be used for a while before the card's rightful owner knows it was sent. By the time credit card fraud is discovered, thousands of dollars can be racked up in someone else's name. Credit card fraud is true identify theft with long-reaching effects.

Penalties

California has laws that govern the penalties allowed for credit card fraud convictions. First-time offenders of credit card fraud convicted in California can be sent to prison for 10 to 15 years. The number of years a defendant is sent to prison is dependent in part to whether the defendant also has prior convictions for other crimes. If the defendant already has a credit card conviction on record at the time the new conviction occurs, the prison sentence can be for up to 20 years. Misdemeanor credit card convictions carry a maximum sentence of 11 months and 29 days. The difference between a misdemeanor and felony charge has to do with the amount used on the card and the method by which the card was obtained.

Other Punishments

In addition to possible prison and large fines, the defendant is typically ordered to repay the amount of money stolen from the card. As part of the sentence, the defendant is generally also ordered to forfeit any equipment used to commit credit card fraud. Telephones,computers, cell phones and anything else that assisted in the crime are turned over to the state, never to be retrieved by the defendant or his family members.

Classes

Judges also order defendants found guilty of credit card fraud to serve time on probation in lieu of jail time. During that probation the defendant may be told by the probation officer to attend moral recognition classes, classes on responsibility, mental health evaluation and substance abuse programs.