Fuller Law Firm
408-234-7563
79 Devine Street, Suite 100, San Jose, CA 95110
408-234-7563
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408-234-7563
In the digital age of 2022, it is important to understand the legal implications of using electronic financial tools such as debit and credit cards, online banking or online shopping. Financial crimes can range anywhere from a fake gift card to tax evasion. Due to the complex nature of financial crimes, many instances of fraud are overlooked until it is too late. According to California law, it is a fraudulent crime to use an expired credit card or debit card to make any sort of purchase. Depending on the severity of the crime and the offender's background, perpetrators using an expired credit card may face felony charges.
When attempting to understand credit card fraud and the various ways this crime is achieved, it is first important to understand the definition of fraud in the state of California. Fraud is described as any activity intended to deceive, misrepresent, fool or twist any known fact with the intention of hurting another person or using their legal or financial rights for your benefit. In other words, you can be committing fraud when you intentionally lie to gain a benefit. In the case of credit card fraud, a person would intentionally be “lying” or misusing their expired credit card with the intention of gaining a benefit through making a purchase. Credit card fraud can also look like:
Using someone else’s credit card without their permission
Making purchases you know you can not afford
Creating and/or using a fake (fraudulent) credit or debit card
The legal penalties for using an expired credit card can be severe. In the state of California, the charges range from a misdemeanor to a felony. Depending on the charge, fines and jail time can fluctuate. A misdemeanor crime may face up to one year in jail and a fine of $1,000. However, a felony charge for credit card fraud may result in three years of prison time and up to a $10,000 fine. California’s penal code describes anyone with intent to defraud, sell, transfer, or convey, an access card, without the cardholder’s or issuer’s consent credit as committing grand theft.
It is important to find a strong and experienced San Jose criminal defense attorney if you are being accused of committing credit card fraud or other financial crimes. At Fuller Law Firm, our attorney Cory Fuller has over ten years of hands-on experience dealing with criminal cases and crafting winning defense strategies for his clients. There are a few ways our legal office may draft a defense for your financial crime, including you were missing criminal intent, a lack of evidence in your case, or that you were actually a victim and someone used your identity to commit a crime. Call us today at 408-234-7563 to schedule a free initial consultation.
Source(s):
https://www.dca.ca.gov/publications/legal_guides/s11_chart.pdf
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN§ionNum=484e.
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