Whether you or a loved one has been arrested, or are under investigation for credit card fraud, it is critical to consult with an experienced attorney as soon as possible to ensure that your rights are protected. You need the counsel of an experienced Miami credit card fraud attorney to guide you through the process and maximize your chances of resolving your case with a favorable outcome.

What is Credit Card Fraud?

The definition of credit card fraud can be found in Florida Statutes, Section 817.61. It’s important to point out though, that isn’t the only crime you can be charged with involving fake or fraudulent credit cards. People who are found to be in possession of fake credit cards, or attempting to use them, could also face charges of identity theft and organized fraud.  

In order to find you guilty of credit card fraud, the prosecutor has to prove the following beyond a reasonable doubt:

  1. That you used a credit card with the intent to defraud a person, business, or organization;
  2. That you either:
    • Unlawfully obtained the credit card;
    • Knew the credit card was forged; or
    • Tried to use the credit card while representing that credit card hold authorized the use; and.
  3. That you obtained money, goods, services, or anything else of value from person, business, or organization.

What is the Punishment for Credit Card Fraud?

The maximum punishment you can face if you are convicted of credit card fraud depends on either the number of times you are accused of fraudulently using a credit card and the value of the money, goods, or services that you allegedly obtained.

Misdemeanor Credit Card Fraud

If you are accused of fraudulently using a credit card no more than twice in any 6-month period, and the total value of money, goods, or services obtained is less than $100, the crime is a misdemeanor of the first degree.  This means that you would face a maximum sentence of up to one (1) year in county, one (1) year of probation, and a $1,000 fine if you are convicted.

Felony Credit Card Fraud

If you are accused of fraudulently using a credit card more than twice in any 6-month period or the total value of money, goods, or services obtained is $100 or more, the crime is a third-degree felony.  This means that you would face a maximum sentence of up to five (5) years in prison, five (5) years of probation, and a $5,000 fine if you are convicted.

Defenses to Credit Card Fraud

Possible defenses to a credit card fraud charge can include:

  • That you didn’t have the intent to commit fraud
  • That the credit card holder gave you authorization to use the card
  • That you believed that the credit card holder gave you authorization to use the card
  • That you believed that you lawfully obtained the card and that you were an authorized user.

Additional Resources

Credit Card Fraud – Information from Experian about the different types of credit card fraud, how to identity it, and how to prevent it.

Miami Credit Card Fraud News – Local news stories from CBS4 involving credit card fraud.

Contact an Experienced Miami Credit Card Fraud Attorney

Over the years, we have represented numerous clients in credit card fraud cases. By taking the immediate action of hiring an experienced Miami credit card fraud attorney to defend yourself, you are minimizing the chances that your case will have lasting consequences for your career, personal life, and reputation. CALL US NOW for a CONFIDENTIAL CONSULTATION at (305) 538-4545, or simply take a moment to fill out our securely encrypted intake form. The additional details you provide will greatly assist us in responding to your inquiry.

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*Due to the large number of people who contact us requesting our assistance, it is strongly suggested that you take the time to provide us with specific details regarding your case by filling out our confidential and secure intake form. The additional details you provide will greatly assist us in responding to your inquiry in a timely and appropriate manner.

IF YOU ARE MAKING A DECISION ON HIRING A LAWYER FOR A CREDIT CARD FRAUD CASE, ALWAYS INVESTIGATE AN ATTORNEY’S QUALIFICATIONS TO ENSURE THEY HAVE THE EXPERIENCE AND QUALIFICATIONS TO PROPERLY DEFEND YOU.