In today’s digital world, debit cards are everywhere. They're used to pay bills, buy groceries, and send money in a matter of seconds. But while this convenience is great, it also comes with legal risks—especially when it comes to unauthorized use. Many people don't realize that using someone else’s debit card—even once and without intent to steal permanently—can lead to serious criminal charges, including felony charges.
At Flores Legal Allies, we represent clients in San Diego and Los Angeles who are facing criminal allegations ranging from petty theft to white-collar fraud. What makes our firm different is that we treat every client as a human being, not a case file. We bring calm to stressful legal situations and help our clients move forward with clarity and confidence.
We’ll break down when and how using someone else’s debit card without permission can become a felony, what the law says, what prosecutors must prove, and how to protect yourself if you’ve been accused.
What the Law Says About Unauthorized Use of a Debit Card
In California, using someone else's debit or credit card without permission is a criminal offense that falls under various sections of the California Penal Code. The most relevant laws include:
- Penal Code § 484e – Possessing or using someone else’s access card (including debit cards)
- Penal Code § 484g – Using a stolen or counterfeit access card to obtain money, goods, or services
- Penal Code § 487 – Grand theft, if the value of the property stolen exceeds $950
- Penal Code § 459 – Burglary, if you enter a property intending to use the card to commit theft
California defines “access cards” broadly, including debit cards, credit cards, and ATM cards.
Can You Really Face a Felony for Just Using a Debit Card Once?
Yes. Even a single use of someone else's debit card without permission can be charged as a felony, depending on:
- The value of what was taken
- Whether the card was stolen or fraudulently obtained
- Your criminal history
- Whether the act involved planning, deceit, or multiple transactions
If the transaction involved $950 or more, the prosecution may pursue felony charges for grand theft. Even if the amount was under $950, prosecutors may still file the charge as a felony if they believe there was fraud or identity theft involved, or if the defendant has prior convictions.
Real-Life Examples of How This Can Happen
These are common scenarios that can unexpectedly lead to criminal charges:
- A roommate or friend uses a debit card left on the counter without asking – Even if they believe the owner wouldn’t mind, this can be considered theft or unauthorized use.
- A child or teen uses a parent’s or relative’s debit card online without permission – This is more common than people think and can still result in charges.
- You find a lost debit card and try to “just get gas” with it – Even a small charge is considered a criminal act.
- You use a card “loaned” to you by someone else—but it's not in your name – If the card owner reports it as stolen or revoked, you could be accused of access card fraud.
The Difference Between a Misdemeanor and a Felony
In California, unauthorized use of a debit card can be charged as either a misdemeanor or a felony. This is known as a “wobbler” offense—meaning the prosecutor has discretion based on the facts of the case.
Misdemeanor Penalties May Include:
- Up to 1 year in county jail
- Fines up to $1,000
- Probation
- Restitution to the victim
Felony Penalties May Include:
- 16 months, 2 years, or 3 years in county jail (or state prison for more serious cases)
- Fines up to $10,000
- Formal probation
- Strike under California’s Three Strikes Law (in rare cases involving violence or burglary)
Remember: even if you didn’t steal the card or didn’t spend much money, intent matters. If prosecutors believe you intended to defraud or deceive, they may file felony charges regardless of the transaction size.
What Must Prosecutors Prove?
To convict someone of unauthorized debit card use, prosecutors must prove:
- The card belonged to someone else
- You did not have permission to use it
- You used it knowingly and willfully
- You obtained something of value through its use
They may use evidence such as surveillance footage, receipts, phone records, text messages, and bank logs. In some cases, statements you make to police or others can also be used to prove intent—even casual comments.
What If You Thought You Had Permission?
Intent is a key element. If you honestly believed you had permission to use the card, that could be a strong defense. For example:
- You were told you could “use the card if needed”
- The cardholder gave you their PIN in the past and didn’t revoke access
- There was a misunderstanding between friends or family
However, vague verbal permission or assumptions can be hard to prove in court. That’s why it’s critical to have an experienced criminal defense attorney who can build a compelling case on your behalf.
What to Do If You’ve Been Accused
If you’ve been accused of using someone’s debit card without permission—or suspect you may be under investigation—do not speak to law enforcement without an attorney present. Even if you’re just “helping with an investigation,” your words can be used against you.
Here’s what you should do:
- Remain calm – Do not panic or attempt to contact the person accusing you.
- Do not explain or justify your actions to the police – This often makes things worse.
- Gather any evidence – Texts, emails, or voicemails showing permission or communication.
- Contact a criminal defense attorney immediately
At Flores Legal Allies, we understand how quickly these situations can spiral out of control. We’ve represented clients who were falsely accused, misunderstood, or unaware they were breaking the law. We act quickly and decisively to protect your record and your reputation.
Possible Defenses
Depending on the facts of your case, we may be able to argue:
- You had permission to use the card
- You were unaware the card belonged to someone else
- You did not intend to commit fraud or theft
- You were falsely accused
- Evidence was obtained through an illegal search or seizure
Our team thoroughly investigates the circumstances, challenges the prosecution’s evidence, and works to dismiss or reduce the charges.
How Flores Legal Allies Can Help
At Flores Legal Allies, we believe that every person deserves strong, strategic legal representation—especially when they’re facing serious allegations. We don’t just defend your case; we stand beside you from day one.
Here’s what sets us apart:
- We listen. We take time to understand your side of the story and what led to the charges.
- We investigate. We don’t just accept the prosecution’s version—we dig deeper.
- We explain. We make sure you understand your rights and options, without legal jargon.
- We fight. Whether negotiating a favorable outcome or taking the case to trial, we advocate fiercely for your future.
With offices in San Diego and Los Angeles, we serve clients across Southern California who need experienced criminal defense counsel for theft, fraud, and access card-related charges.
How We Can Help
If you’ve been accused of using someone else’s debit card without permission, your freedom and future may be at risk. Felony charges can impact your career, your immigration status, your finances, and your reputation.
At Flores Legal Allies, we’re here to protect you—not judge you. We become your advocate, your counselor, and your voice in the courtroom. Let us help you bring calm to this stressful situation and work toward the best possible outcome.
Call us today for a confidential consultation. The sooner we get involved, the more we can do to help.
