Is Fraud a Misdemeanor or Felony in California?
Depending on the specific circumstances that led to your fraud charges, you may be facing either a misdemeanor or a felony. The penalties for fraud offenses vary widely. Some lead to automatic felony charges while others are considered “wobblers,” meaning they can be charged as either a felony or a misdemeanor.
For the most part, Oakland courts treat allegations of fraud as instances of larceny. According to California Penal Code §484, it is illegal for any person to steal the property of another. Included within this definition is the concept of theft by fraud. One of the first things to look at when determining the penalties you will be facing for a fraud related theft charge is determining the value of goods allegedly taken. Most allegations of theft by fraud are punished according to the monetary value of the items or property allegedly taken. Typically, there is a $950 threshold for most fraud related theft charges. This means the penalties for a fraud related theft charge increase greatly if the property taken is valued over $950.

For most fraud crimes resulting in theft valued under $950, the case may be charged as petty theft. A conviction here could be punished by no more than six months in jail and a fine of up to $1,000. If the value of the items exceeds $950, the defendant could be charged with grand theft instead. This increases the potential penalties to a maximum of one year in jail. If grand theft is considered a felony, then the penalties would increase to up to 3 years in state prison and a maximum fine of $10,000.
Other fraud charges may have more severe penalties especially depending on the type of fraud committed. To learn more about the exact penalties you are facing, contact an Oakland fraud attorney on our team to schedule a free consultation.