Credit Card Fraud | Penal Code § 484

Description

Credit Card Fraud is to feloniously steal, take, carry, lead, or drive away the personal property of another, or knowingly defraud any other person of money, labor or real or personal property, who causes others to report falsely his or her wealth or mercantile character, or obtains credit and fraudulently obtains money, property or service as a result thereof.

What does the prosecutor have to prove?

Felony: 1. Defendant committed the crime of theft.
2. The property so obtained was valued at nine hundred fifty dollars ($950) or more.
Misdemeanor: 2. The property so obtained was valued at nine hundred fifty dollars ($950) or less.

Punishment

Felony: 16months/2years/3years
With probation 0-364 days
Misdemeanor: 0-364 days

 

Can this be charged as a felony or a misdemeanor (“wobbler”)?	Yes
Is this charge a strike?	No
Is this charge a “serious felony”	No
Is this charge a “violent felony”	No
Do I have to register as a sex offender if convicted?	No
Do I have to register as a drug offender if convicted?	No
Do I lose my right to own or possess a firearm if convicted?	Yes
Do I lose my right to vote if convicted?	Yes
Am I eligible for a local sentence (PC § 1170(h)) if convicted?	Yes
Am I eligible for PC § 1000 drug diversion if convicted?	No
Am I eligible for Prop. 36 drug diversion if convicted?	No
Am I required to give a DNA sample if convicted?	Yes
Is this charge considered a “crime of moral turpitude” for immigration purposes?	Yes
Is this charge considered a “aggravated felony” for immigration purposes?	May
Is this charge considered a “controlled substance violation” for immigration purposes?	No
Is this charge considered a “domestic violence” for immigration purposes?	No
Is this charge considered a “firearm conviction” for immigration purposes?	No