Fort Lauderdale Credit Card Fraud Lawyer

Fort Lauderdale Credit Card Fraud Attorney

Credit card fraud is one of the most common forms of white-collar crime. Credit card fraud encompasses several illegal actions. An experienced Fort Lauderdale credit card fraud lawyer can help you navigate the criminal process. Credit card fraud accusations can lead to severe negative consequences for your personal and professional reputations that could affect your ability to find employment or secure credit in the future.

Hire a Credit Card Fraud Lawyer

You do not have to face credit card fraud charges alone. A Fort Lauderdale white collar crimes lawyer can ensure your rights are being upheld. When you hire a credit card fraud lawyer, you gain an ally who can defend your interests. At The Kirlew Law Firm, we have extensive experience helping South Florida residents facing white collar crime charges, including credit card fraud. Let us put our experience to work defending your case.

Credit Card Fraud in Florida

Credit card fraud involves using someone else’s credit card without their permission. This could entail taking a friend or relative’s card without permission or by accident, taking a card from a stranger, or stealing card information through a skimmer. Law enforcement often initiates a detailed financial investigation when patterns of fraud involving stolen data are detected.

According to the United States Sentencing Commission, the Southern District of Florida had the third-highest number of individuals sentenced for credit card and other financial instrument fraud during fiscal year 2024. There were a total of 739 credit card and other financial instrument fraud cases reported to the commission. In addition:

• Cases fell 16.7% since 2020
• Loss amounts less than $15,000 accounted for 17.1% of cases
• Loss amounts over $550,000 accounted for 24.2% of cases
• Medium loss was $154,919
• The average sentence was 26 months

State credit card fraud cases in Fort Lauderdale are heard at the 17th Judicial Circuit for felonies or the Broward County Court for misdemeanors. Federal cases are heard at the U.S. District Court for the Southern District of Florida.

Common Defenses for Credit Card Fraud

Simple mistakes or misunderstandings could leave someone open to credit card fraud accusations. Picking up the wrong card when out to lunch with friends could become a criminal offense when you go shopping later in the day. Unintentional fraud can still lead to serious consequences, as Florida’s credit card fraud laws are complex and strictly enforced. Common defenses to credit card fraud include:

• Misunderstanding. You accidentally swipe your company card or someone else’s card, thinking you were swiping your own card. You never intended to commit a crime.
• Identity theft. Someone used your personal information along with a stolen credit card when making a purchase. Even if it is in your name, if it was committed fraudulently, you are not responsible.
• Evidentiary challenges. Creating reasonable doubt by questioning the validity of the collected evidence or by demonstrating inconsistencies in witness statements.
• Coercion or duress. If you are forced to commit fraud through the use or threat of force, you can use that as a defense against your actions.
• Lack of personal benefit. In a fraud case, you have to personally benefit from the actions. If you use someone else’s card but gain no benefit, or the other person also benefits, it could be used as a defense.
• Permission. Demonstrating that you had permission to use someone else’s credit card can result in charges being dismissed.

Without the assistance of an experienced Fort Lauderdale credit card fraud attorney, it could be difficult to challenge credit card fraud laws and obtain a satisfactory outcome. Penalties can be steep if convicted, and you could face challenges finding employment or housing with a criminal conviction.

Penalties of Credit Card Fraud

Allegations of credit card fraud can tarnish your personal and professional relationships. Depending on the value of the goods or services acquired, you could be charged with a third-degree felony or a first-degree misdemeanor. These penalties are consistent with how the state treats other serious white-collar crime offenses. Penalties could include:

• Up to 5 years in prison for a third-degree felony
• Up to 1 year in jail for a first-degree misdemeanor
• $10,000 fine for a third-degree felony
• $1,000 fine for a first-degree misdemeanor
• Permanent criminal record

FAQs

What Kind of Attorney Handles Credit Card Fraud Cases?

Credit card fraud cases can be handled by several different types of attorneys. In general, a criminal defense attorney can defend a credit card fraud case. More specifically, you want a white-collar crime attorney, or specifically, a credit card fraud attorney. Regardless of the title, you want an attorney with experience representing cases similar to your own who has experience working in the area where the charges were filed.

Is Credit Card Fraud a Misdemeanor or a Felony in Florida?

In Florida, credit card fraud can be either a misdemeanor or a felony. In any 6-month period, if a card is used fraudulently no more than twice or the value of items obtained is less than $100, the offender is charged with a first-degree misdemeanor. If a card is used fraudulently more than twice in any one month or to obtain goods or services over $100, the charge is a third-degree felony. The specific consequences of a felony charge are detailed under Florida’s statutory guidelines for financial crimes.

What Are the Different Types of Credit Card Fraud in Florida?

In Florida, credit card fraud is typically placed into two categories, card-present fraud and card-not-present fraud. With card-present fraud, the person presents the physical card for use at a store or establishment. With card-not-present fraud, the card information is used to make purchases online or over the phone. Online credit card fraud is more common now than other forms of credit card fraud.

What Is the Statute of Limitations for Credit Card Fraud in Florida?

The statute of limitations for credit card fraud in Florida is based on the dollar amount of goods or services fraudulently acquired with the misappropriated credit. If the actions result in a misdemeanor charge, there is a 2-year statute of limitations for charges to be brought. More serious crimes that result in a felony charge have a 3-year or 4-year statute of limitations for second-degree and first-degree felony charges.

Contact The Kirlew Law Firm, PLLC

Credit card fraud charges can stem from simple mistakes or misunderstandings that are not resolved sufficiently. It can be difficult to defend against confusing credit card fraud laws that turn a simple error into a criminal investigation. You need a team with experience helping clients through these difficult situations. Contact The Kirlew Law Firm today to schedule your initial consultation.