Understanding Credit Card Fraud Charges
If you are facing a charge for credit card fraud in Miami or the greater South Florida area, you need to act immediately. Florida law enforcement agencies and prosecutors’ have little tolerance for white-collar crimes like credit card fraud. There are minimum mandatory sentences and hefty fines associated with these offenses.
If you are under suspicion or investigation of being involved in a credit card fraud scheme in Miami or the greater South Florida area, speak to our competent Miami credit card fraud defense attorneys to avoid spending time behind bars. At the Kirlew Law Firm, we take a strategic approach to defending clients in complex and sensitive white-collar crime matters, including credit card fraud. We offer a free consultation to help you plan a proactive defense strategy that will protect your rights in court. Contact us immediately to get started.
What is Credit Card Fraud in Florida?
Per Florida laws, Credit card fraud occurs when a person uses, sells, or purchases stolen, forged, or unlawfully obtained credit cards or poses as the actual cardholder to make unauthorized purchases or take out cash advances against the account. Counterfeiting or altering credit cards and using expired or revoked credit cards are also considered credit card fraud forms.
Florida state laws define “credit cards” to include ATM cards, check cards, credit cards, banking cards, debit cards, and any other card type that can be used for financial transactions.
Like most white-collar crimes, credit card fraud cases in Florida involve deception, concealment, and theft and do not rely on the threat of physical force or violence.
Credit Card Fraud Penalties and Consequences in Florida
Criminal penalties for offenses related to credit card fraud in Florida are dictated by the State Credit Card Crime Act, as codified in F.S. § 817.57 – 817.685. Under this act, credit card fraud offenses are filed as either misdemeanors or felonies, depending on the value of the obtained funds or goods.
Note: Credit card fraud is uniquely pursued through “aggregate prosecution.” This means that a credit card’s multiple fraudulent uses are treated as a single crime rather than numerous discrete crimes within six months.
Per F.S. § 817.16, if the credit card was fraudulently used less than two times within a six-month time frame or the value of the goods, services, or money obtained is less than $100, it will be considered a Misdemeanor Fraudulent use of a Credit Card. This is a first-degree misdemeanor in Florida and punishable by up to one year in prison, one year of probation, and a $1,000 fine.
If, during a six-month time frame, the fraudulent credit card use occurred more than two times or the goods, services, or money obtained is valued at more than $100, then this will be considered a Felony Fraudulent Use of a Credit Card. This is a third-degree felony in Florida and punishable by up to five years in prison, five years of probation, and a $5,000 fine.
Individuals who are accused of using the personal identification of another to obtain credit cards can also face a first-degree felony count of Fraudulently Using the Identification or Information of another. This charge carries a 10-year minimum mandatory sentence.
There are also federal credit card fraud laws. The penalties for violating federal law can be more severe than the penalties allowed under Florida state law. Per 18 U.S.C. § 1029, producing, using, or trafficking in unauthorized “access devices,” including credit cards and debit cards, is punishable by up to 15 years in prison and a $250,000 fine.
In addition to criminal sentencing, a credit card fraud conviction can result in consequences that will affect you and your family’s future. You may be barred from future employment, licenses, or obtaining a residential lease.
You Need to Act Quickly to Defend Your Rights. Contact Our Miami Credit Card Fraud Defense Attorneys Now!
Facing credit card fraud charges should not be taken lightly. Depending on the severity of the offense, a credit card’s fraudulent use can result in lengthy prison time and hefty fines. Not to mention that law enforcement agents and prosecutors will probably start working diligently to gather evidence against you as soon as you under the supicion of credit card fraud. It’s critical to contact our Miami white-collar criminal defense attorney when you suspect you are the target of a credit card fraud criminal investigation.
At the Kirlew Law Firm, we have years of legal experience handling all types of white-collar defense cases in Miami and the greater South Florida. Our experienced, knowledgeable, and aggressive Miami credit card fraud defense attorneys can effectively intervene in the investigation and quickly gather the information necessary to execute a strategic defense.
When you retain our white-collar criminal defense services, you can count on the support and strength with experience. Our Miami criminal defense attorneys have a proven track record of getting results in and out of the courtroom. Contact us without any obligations; we are here to help you! Call us at (305) 521-0484 or online to schedule a free consultation.