Credit Card Fraud - California Penal Code § 484e

California Penal Code 484e – Theft of Access Card or Account Information


Overview


Penal Code 484e PC criminalizes the theft or misuse of access card information, such as credit cards, debit cards, and related account numbers. This includes stealing someone’s physical card, obtaining their account details without consent, or using card data to commit fraud.


PC 484e is part of California’s broader identity theft and financial fraud statutes. Depending on the circumstances, it can be charged as a misdemeanor or felony, and may carry state prison time, restitution orders, and lasting consequences on your record.


At Jones Trial Attorneys, we know how to challenge digital evidence, expose investigative flaws, and fight for dismissals or reduced charges whenever possible.




Legal Definition


Penal Code § 484e prohibits several types of conduct involving access cards or account data:

484e(a): Selling, transferring, or acquiring a stolen access card with the intent to defraud

484e(b): Acquiring access card information without the cardholder’s consent

484e(c): Retaining or possessing a stolen access card

484e(d): Manufacturing, altering, or forging access cards


In all cases, the key element is intent to defraud.




Elements of the Crime


To convict someone under PC 484e, the prosecution must prove:

1. The defendant acquired or retained a stolen, lost, or fraudulent access card or card information;

2. The defendant knew they did not have the owner’s consent; and

3. The defendant acted with intent to defraud another person or financial institution.


No money needs to be lost—the intent to defraud is sufficient.




Penalties for PC 484e Violations


Like many white collar crimes, PC 484e is a wobbler, and can be filed as either a misdemeanor or a felony.


Misdemeanor Penalties:

• Up to 1 year in county jail

• Up to $1,000 in fines

• Summary probation


Felony Penalties:

• 16 months, 2 years, or 3 years in county jail

• Fines up to $10,000

• Formal probation

• Restitution to the alleged victim


Felony charges are more likely when:

• Multiple cards are involved

• A large financial loss occurred

• The defendant has a prior record




Defenses to PC 484e Charges


We tailor every defense strategy to the specific facts. Common defenses include:

Lack of intent to defraud

Consent – You had permission to use or hold the card

Mistaken identity or false accusation

Insufficient evidence – The link between you and the card is too weak

Unlawful search or seizure – The card or data was found via an illegal search




Immigration and Employment Consequences


PC 484e is a crime of moral turpitude and may:

• Lead to deportation or inadmissibility for non-citizens

• Disqualify individuals from employment in finance, government, or security

• Impact licensing for real estate, healthcare, or law professionals


We handle forgery, fraud, and identity theft charges with immigration-safe resolutions in mind.




Related Offenses

PC 484g – Fraudulent use of an access card

PC 530.5 – Identity Theft

PC 470 – Forgery

PC 459 – Burglary (if used to enter a location to commit fraud)




How Jones Trial Attorneys Can Help


Access card theft cases often involve digital evidence, financial records, and witness testimony—and that’s where our courtroom experience gives you an edge. We move quickly to assess the prosecution’s case, suppress unlawful evidence, and negotiate smart outcomes.


💼 Free consultations

⚖️ Trial-tested representation

📍 Located in San Diego, serving clients statewide




Talk to a Criminal Defense Attorney Today


Call us now at (866) JTA-WINS or Schedule a Free Consultation using the form below.

FREQUENTLY DEFENDED CHARGES

PC69-Resisting an Executive Officer

PC148-Resisting Arrest

PC187-Murder

PC187-Watson Murder

PC189-Felony Murder

PC664/187-Attempted Murder

PC191.5-Gross Vehicular Manslaughter While Intoxicated

PC192-Manslaughter

PC192(a)-Voluntary Manslaughter

PC192(b)-Involuntary Manslaughter

PC192(c)-Gross Vehicular Manslaughter

PC211-Robbery

PC215-Carjacking

PC240-Assault

PC242-Battery

PC243(b/c)-Battery on a Peace Officer

PC243(d)-Battery Causing Serious Injury

PC243(e)(1)-Domestic Battery

PC245(a)(1)-Assault with a Deadly Weapon

PC245(a)(4)-Assault with Force Likely to Cause Great Bodily Injury

PC246-Shooting at an Inhabited Dwelling or Vehicle

PC246.3-Negligent Discharge of a Firearm

PC261-Rape

PC261.5-Statutory Rape

PC273a-Child Endangerment

PC273.5-Corporal Injury to Spouse

PC417-Brandishing a Weapon

PC422-Criminal Threats

PC451-Arson

PC459-Burglary

PC459.5-Shoplifting

PC470-Forgery

PC484(e)-Credit Card Fraud

PC487-Grand Theft

PC487d1-Grand Theft Auto

PC488-Petty Theft

PC496-Receiving Stolen Property

PC503-Embezzlement

PC530.5-Identity Theft

PC594-Vandalism

PC602-Trespass

PC646(f)-Public Intoxication

PC646.9-Stalking

PC25400-Carrying a Concealed Firearm

PC26100-Drive-By Shooting

PC29800-Felon in Possession of a Firearm

PC30305-Possession of Ammunition by a Prohibited Person

VC10851-Joyriding

VC14601-Driving on a Suspended License

VC20002-Hit and Run

VC23103-Reckless Driving

VC23103.5-Wet Reckless

VC23152-Driving Under the Influence (DUI)

VC23153-DUI Causing Injury

HS11350-Possession of a Controlled Substance

HS11350-Possession of Fentanyl

HS11351-Possession for Sale

HS11352-Drug Transportation and Sales

HS11364-Possession of Drug Paraphernalia

HS11370.1-Possession of Drugs while Armed

HS11377-Possession of Methamphetamine

Firearm Enhancement

Gang Enhancement

Great Bodily Injury Enhancement

Strike Offenses

Wobbler Offenses

Common Aggravating Factors

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