Legal Question in Criminal Law in California

CPC 484e(d) is regarding the Fraudulent acquisition, use or transfer of an access card or cards. CPC 530.5(a) is regarding the Unauthorized use of personal identifying information with use of the mail. So it is mail fraud.

It is impossible to give you any type of accurate information based on the facts you provided. You stated this is your first major offense and yet you also stated they were being charged as misdemeanors, so I'm not exactly sure what you considered to be a major offense. What I can tell you is that California Penal Code, section 484e(d) is considered grand theft under the statue. Generally this is considered a felony. However, the DA can still charge it has a misdemeanor. The cut off between a felony and a misdemeanor is generally $399.00 or less. Anything over $399.00 is a felony. However, depending on the circumstances and the items which are the subject of the alleged theft the amount can be different. Since you stated this is your first major offense, I'm also not sure if you have any other past criminal history. So there really is not enough information to give you a "guess-timate." However, what I can tell you is that generally the maximum punishment regarding misdemeanors is not to exceed one year in county jail. However, this does not mean you will be sentenced to a year. It only means that is the maximum amount of time you are facing if you are correct regarding the misdemeanor level of the crime. The fines can vary and so can restitution depending on the situation. I suggest you start looking for an attorney and at the very least get an initial consultation with one. Most attorneys do not charge or charge very little for an initial consultation and it is well worth the cost to determine what your looking at. If you do not know any attorneys in your area, I suggest you call the local county bar association and ask for some names of criminal defense attorneys from their referral list. Then make some phone calls to those attorneys. You will be able to get a much better idea of what you are facing. If you are still having problems and you are in Northern California give my office a call.

The information contained in this message is based on general principles of law and should not be considered legal advice. The exchange of information has not created an attorney client relationship between the parties and there is no attorney client privileged. It is impossible to give accurate information in this type of open forum.

Good luck,

Brian McGinity