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.
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FREQUENTLY DEFENDED CHARGES
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PC148-Resisting Arrest
PC187-Murder
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PC189-Felony Murder
PC664/187-Attempted Murder
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PC192-Manslaughter
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PC192(b)-Involuntary Manslaughter
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PC240-Assault
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PC243(b/c)-Battery on a Peace Officer
PC243(d)-Battery Causing Serious Injury
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PC245(a)(4)-Assault with Force Likely to Cause Great Bodily Injury
PC246-Shooting at an Inhabited Dwelling or Vehicle
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PC261-Rape
PC261.5-Statutory Rape
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PC422-Criminal Threats
PC451-Arson
PC459-Burglary
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PC484(e)-Credit Card Fraud
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PC487d1-Grand Theft Auto
PC488-Petty Theft
PC496-Receiving Stolen Property
PC503-Embezzlement
PC530.5-Identity Theft
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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
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Great Bodily Injury Enhancement
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