Everything You Need To Know About Credit Card Fraud Charges In Florida
Credit card fraud charges in Florida are serious, and it is important to take them seriously and understand how they can impact your life. If you don’t know what to do if you or someone you know gets accused of credit card fraud in Florida, this guide will help you get started with the process of understanding what’s happening and getting the support you need.
What is the penalty for committing credit card fraud in Florida?
Credit card fraud charges in Florida are governed by F.S. § 817.61. This section makes it a crime to use or possess a fraudulent credit card or to obtain goods or services with a fraudulent credit card.
Credit card fraud charges in Florida are a type of white-collar crime that can be charged as a felony or misdemeanor in either state or federal court.
If the value of the goods or services obtained through fraud is less than $100 or the card was unlawfully used less than two times in six months, it is a First-Degree Misdemeanor in Florida. The offender will face a fine of up to $1,000 and/or up to one year in jail.
If the value is more than $100 or the card was unlawfully used more than two times in a six-month period, it is a Third-Degree Felony in Florida. The offender will face a fine of up to $5,000 and/or up to five years in jail.
If the person accused of credit card fraud had in their possession more than 30 identifications of another, without their permission, it could be charged as a first-degree felony and is punishable by up to 30 years in prison with a 10-year; minimum mandatory sentence.
Common Defenses to Fraudulent Use of Credit Cards
Another common defense to fraudulent use of credit card charges is that the defendant did not have the requisite intent to defraud. To be convicted of credit card theft or fraud, the prosecutor must prove that the defendant had the specific intent to deceive or harm the victim. Without this intent, the defendant may be able to assert that they did not commit fraud. Defendants may also argue that they reasonably believed that the credit card was valid or that they were authorized to use it.
Another defense is a lack of evidence. After a thorough investigation, your Miami white-collar crime attorney can demonstrate to a jury that the government lacks the requisite evidence to prove that the accused committed the crimes accused.
Hire a Lawyer
No one wants to be accused of credit card fraud, but if it happens, it is important to know your rights. In Florida, credit card fraud is a serious offense that can result in criminal and civil penalties. If you have been charged with credit card fraud, you should immediately hire a criminal lawyer in Miami, FL.
An experienced credit card fraud lawyer will be able to review the facts of your case and help you understand the charges against you. They will also be able to mount a vigorous defense on your behalf and ensure that your rights are protected throughout the legal process.
Conclusion
It is no secret that credit card fraud is prevalent in Florida and around the world, but many people don’t realize the harsh penalties you could face if you are caught using someone else’s credit card illegally.
If you have been charged with credit card fraud, you may be wondering what to do next. Your best course of action is to consult a top Miami white-collar crime lawyer who can provide expert advice and legal counsel on how to proceed with your case.