Miami Credit Card Fraud Attorney

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

What is Credit Card Fraud?

Section 817.61, Florida Statutes, prohibits fraudulent use of credit cards. To obtain a conviction, the prosecution must prove beyond a reasonable doubt an intent to defraud and one of the following:

  • You used a card obtained or retained unlawfully under Florida’s credit-card laws, or a card you knew was forged, to try to obtain money, goods, services, or something else of value.
  • You obtained something of value by falsely claiming, without the cardholder’s consent, to be the holder of a specified card, or by claiming to hold a card that had never been issued.

Under the first alternative, the prosecution does not have to prove that you actually received something of value.

Depending on the facts, credit-card allegations may also support charges of identity theft or organized fraud. Each offense has separate elements that the prosecution must prove.

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 or 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.  A first-degree misdemeanor carries up to one year in jail and a fine of up to $1,000. Depending on the sentence, probation may replace some or all of the jail time.

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.  A third-degree felony ordinarily carries up to five years in prison and a fine of up to $5,000. Probation may also be available, depending on the case.

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 the authorization to use the card
  • That you believed that the credit card holder gave you the authorization to use the card
  • You believed that you lawfully obtained the card and were an authorized user.

How a Miami Credit Card Fraud Lawyer Can Help

If you’re facing credit card fraud charges in Miami, it’s crucial to enlist the help of a skilled credit card fraud lawyer who understands the complexities of Florida’s criminal justice system. Here’s how an experienced attorney can make a difference:

  • Evaluate the evidence: A knowledgeable Miami credit card fraud lawyer will carefully analyze the prosecution’s evidence to identify weaknesses in their case and ensure your rights were not violated during the investigation.
  • Develop a strategic defense: Your attorney will develop a tailored defense strategy based on the unique circumstances of your case, which may involve challenging the validity of the evidence, questioning the legality of the investigation, or presenting alternative explanations for the alleged fraudulent activity.
  • Explore options for resolving the case: Your attorney can assess whether reduced charges, a negotiated plea, or a diversion program may be available. If you have no prior record, learn more about options for first-time offenders. Eligibility depends on your history and the facts of the case.
  • Represent you in court: If your case goes to trial, an experienced criminal defense attorney will passionately advocate for your rights in court, ensuring that the judge and jury hear and understand your side of the story.

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 confidential and secure intake form.* The additional details you provide will greatly assist us in responding to your inquiry.

*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 DEFEND YOU PROPERLY.