California Penal Code 484g PC makes it a crime to knowingly use a credit card, debit card, or account number you’re not authorized to use in order to get money, goods, or services. Most people know this charge as fraudulent use of a credit card.
Credit card fraud charges like this one come up often in Los Angeles. The District Attorney’s office pursues them aggressively, especially once a bank or business reports the loss. Still, being charged under PC 484g doesn’t mean a conviction is guaranteed. The Law Offices of Arash Hashemi has defended clients against fraudulent use of a credit card charges across Los Angeles, and offers a free consultation to review the specific facts of your case. Here’s a closer look at what the statute actually prohibits.
Fraudulent Use of a Credit Card Under California Law
California defines this offense under Penal Code 484g PC as using an access card or account information you know is forged, altered, expired, revoked, or stolen, with intent to defraud, to get money, goods, or services without the cardholder’s consent. In practice, that means you break this law the moment you knowingly use a card or account number that’s stolen, forged, counterfeit, altered, revoked, or expired.
Two words matter more than any other in that definition: intent and consent. Prosecutors can’t convict you just because a card turned out to be invalid, they have to show you acted with the specific purpose of defrauding someone and that you didn’t have the cardholder’s permission to use it. An access card itself covers more than a physical piece of plastic, it also includes account numbers, PINs, and any other code or credential used to pull money, goods, or services from an account.
What Prosecutors Must Prove Under 484g PC
To convict someone under Penal Code 484g PC, the prosecution has to establish all of the following beyond a reasonable doubt:
Obtaining or attempting to obtain something of value: You received, or tried to receive, money, goods, services, or anything else of value using the card or account information.
Use of an access card or account information: You actually used, or attempted to use, a physical card, account number, or other card data to obtain something of value.
Knowledge the card or data was invalid: You knew at the time that the card or account information was stolen, forged, altered, expired, or revoked, or that you didn’t have the account holder’s permission to use it.
Intent to defraud: You acted with the specific purpose of deceiving a merchant, individual, or financial institution for your own benefit.
PC 484g Penalties: What You’re Actually Facing
The value of what you obtained or tried to obtain sets the charge level under PC 484g:
- Misdemeanor petty theft ($950 or less): Prosecutors charge this tier when the fraud involves $950 or less. Penalties include up to 6 months in county jail and a fine up to $1,000.
- Misdemeanor grand theft (over $950): Once the amount exceeds $950 within any six-month period, prosecutors can still file this as a misdemeanor. Penalties include up to 1 year in county jail and a fine up to $1,000.
- Felony grand theft (the “wobbler”): Prosecutors can file the same over-$950 conduct as a felony instead, based on your record and the case facts. A felony conviction carries 16 months, 2 years, or 3 years in county jail, a fine up to $10,000, and mandatory restitution to the victim.
Courts calculate the $950 threshold by adding up every fraudulent transaction within a rolling six-month window, not just a single purchase.
Common Defense Strategies for Credit Card Fraud Charges
A defense attorney doesn’t just argue the facts, they look for the weak link in whatever element the prosecution needs to prove. Strategies our attorney uses in PC 484g cases include:
- Lack of intent to defraud: Intent to defraud is a specific element the prosecution has to prove, not just that you used the card. We look closely at what actually happened at the time of the transaction. Did you grab a card that looked identical to your own? Did you assume a family member’s account was still open? If the evidence points to a genuine mistake rather than a scheme to deceive anyone, the charge can’t hold up.
- Lack of knowledge the card was invalid: Banks don’t always notify cardholders the moment a card gets frozen or revoked, and family members don’t always mention that a card got canceled before handing it over for groceries or gas. If you had no way of knowing the card or account was invalid when you used it, the knowledge element fails, and that alone can end the case.
- Authorization or consent: Many PC 484g cases involve spouses, roommates, or business partners who routinely share cards or account access. We gather texts, emails, or witness statements showing the cardholder gave permission, or build the argument that you reasonably believed you had it based on how the account was normally used between you.
- Mistaken identity: Online fraud cases rely heavily on IP tracking, device records, and store surveillance, and all three can point to the wrong person. We push back on the quality of facial recognition, chain-of-custody issues with footage, and shared-account situations where more than one person had access to the card or login credentials.
- Unlawful search and seizure: Police need a valid warrant to dig through your bank records, phone data, or digital wallet, and investigators frequently overstep that boundary in fraud cases. When they do, we file a motion to suppress that evidence, and if the court agrees, the prosecution can lose the proof it needs to move forward at all.
Related Offenses to Fraudulent Use of a Credit Card
- Penal Code 484e PC – Theft of Access Card Information: Covers possessing or acquiring someone else’s card number or account data, which prosecutors often add when you’re caught holding stolen card details in addition to using them.
- Penal Code 484f PC – Forgery of Access Card Information: Covers signing another person’s name on a receipt or physically altering card data, which often comes up when a card itself was counterfeited.
- Penal Code 484h PC – Retailer Credit Card Fraud: Applies to store employees or owners who knowingly process fraudulent transactions or bill for goods that were never actually provided.
- Penal Code 530.5 PC – Identity Theft: Covers using someone else’s personal identifying information, not just their card, to obtain credit or benefits, and prosecutors often stack it on top of PC 484g.
Talk to a Los Angeles Credit Card Fraud Defense Attorney
A charge under Penal Code 484g PC threatens your freedom, your record, and your future. Getting an experienced defense attorney involved early gives your case the best shot at a reduced charge or a full dismissal, since your legal team can start challenging surveillance footage, transaction records, and how police built the investigation from day one.
Attorney Arash Hashemi has spent over 20 years defending fraud and theft cases for clients across Los Angeles. The Law Offices of Arash Hashemi can start reviewing your case today. Call (310) 448-1529 or schedule a free consultation online to speak with a Los Angeles criminal defense attorney about your case.
Disclaimer: The content provided here is for informational purposes only and does not constitute legal advice. It is not intended to predict outcomes, as individual circumstances vary and laws may change over time. Those seeking legal advice should consult with a qualified attorney to understand how current laws apply to their specific situation. For detailed legal guidance on the topics discussed, please contact our law firm directly.
