Criminal Defense

Credit Card Fraud Charges in Florida

Credit card fraud in Florida is a serious criminal offense that carries severe legal consequences, including prison time, substantial fines, and long-term damage to your reputation. The penalties can be life-altering if you’re accused of unauthorized card use, identity theft, or possession of counterfeit cards.

At Metcalf Falls, Criminal Defense Attorneys, P.A., we understand how overwhelming these charges can be and the stress they bring. Our dedicated team is committed to protecting your rights, providing sound legal advice, and building a strong defense strategy tailored to your unique situation.

Call (813) 981-7005 today for a free consultation and let us help you navigate the legal process.

What Is Credit Card Fraud?

Credit card fraud, as defined under Florida Statute §817.61, occurs when an individual knowingly uses or attempts to use a credit card with fraudulent intent to obtain money, goods, services, or anything of value.

The law covers a wide range of fraudulent activities, including:

  • Using a stolen or lost credit card without the cardholder’s consent.
  • Misrepresenting identity or card ownership to complete a transaction.
  • Falsifying credit card information, such as account numbers or expiration dates.
  • Using counterfeit or cloned credit cards to make purchases.
  • Applying for credit cards with false information to receive credit unlawfully.
  • Engaging in card-not-present fraud, such as online or over-the-phone transactions without proper authorization.

For a conviction under this statute, prosecutors must prove beyond a reasonable doubt that:

  1. The accused knowingly and intentionally committed fraud.
  2. The unauthorized use of the credit card resulted in financial harm to the cardholder, business, or financial institution.
  3. The accused had the intent to defraud at the time of the offense.

Penalties for Credit Card Fraud in Florida

The penalties for credit card fraud in Florida vary based on the value of the fraudulent transactions and the number of offenses committed. Charges can range from misdemeanors to felonies, with significant legal repercussions:

Fraud involving less than $300:

  • Charged as a first-degree misdemeanor, punishable by:
    • Up to 1 year in jail,
    • A fine of up to $1,000, and
    • Possible probation and restitution.

Fraud involving $300 or more:

  • Charged as a third-degree felony, punishable by:
    • Up to 5 years in prison,
    • A fine of up to $5,000, and
    • A permanent criminal record.

Fraud exceeding $20,000 or part of an organized scheme:

  • Charged as a second-degree felony, punishable by:
    • Up to 15 years in prison,
    • Fines of up to $10,000, and
    • Restitution to victims.

If multiple fraudulent transactions occur over a short period, the charges and penalties can compound, leading to enhanced sentencing and possible federal prosecution.

In addition to criminal penalties, a conviction can have long-term consequences, including difficulty securing employment, damage to credit scores, and challenges in obtaining housing or loans. It is critical to address these charges proactively with the help of an experienced defense attorney.

How Can a Criminal Defense Lawyer Help?

If you’ve been charged with credit card fraud, you need a skilled attorney to help navigate the complexities of Florida law. At Metcalf Falls, our attorneys can craft a defense tailored to your circumstances. Potential strategies include:

Lack of Intent

The prosecution must prove intent to defraud. We can challenge the charges if your actions were unintentional or based on a misunderstanding.

Mistaken Identity

Credit card fraud often involves transactions made online or in person by individuals other than the accused. We will thoroughly investigate the evidence to confirm whether you were correctly identified.

Insufficient Evidence

Our attorneys will examine whether the prosecution’s case lacks the necessary evidence to meet the burden of proof, seeking dismissal or reduced charges where appropriate.

Unlawful Search and Seizure

If law enforcement violated your constitutional rights during the investigation, we could seek to suppress evidence obtained illegally.

Frequently Asked Questions About Credit Card Fraud in Florida

Can I be charged with credit card fraud if I didn’t make a purchase?

Yes, fraudulently attempting to use a credit card can still result in criminal charges, even if no transaction is completed. Law enforcement and prosecutors focus on the intent to commit fraud, meaning even an unsuccessful attempt can lead to serious consequences. 

What should I do if I’m accused of credit card fraud?

Avoid making any statements to law enforcement without consulting an attorney. Anything you say can be used against you. Contact Metcalf Falls immediately to protect your rights. An experienced attorney can help you understand your options and develop a defense strategy tailored to your situation.

How long do prosecutors have to file charges?

The statute of limitations for most credit card fraud cases in Florida is 3 years, but this timeline can vary depending on the circumstances. Acting promptly is critical. The prosecution may have additional time to investigate and file charges if the fraud involves larger amounts or an ongoing scheme. 

Will a credit card fraud conviction affect my ability to get a job?

Yes, a conviction for credit card fraud can have long-lasting consequences on your employment prospects. Many employers conduct background checks, and having a fraud-related conviction on your record can make it difficult to secure jobs in finance, retail, or other positions requiring trust and integrity.

Can I face both state and federal charges for credit card fraud?

Yes, depending on the circumstances, you could be prosecuted at both the state and federal levels. Federal charges may apply if the fraud involves interstate transactions, large-scale schemes, or identity theft. Federal penalties tend to be more severe, including lengthy prison sentences and substantial fines.

Why Work With Our Florida Credit Card Fraud Defense Lawyers?

Credit card fraud charges in Florida are serious and can lead to harsh penalties, including heavy fines, imprisonment, and a permanent criminal record. Beyond the immediate legal consequences, a conviction can significantly impact your financial future and professional reputation, making it harder to secure employment, obtain loans, or maintain business relationships. If you are facing credit card fraud allegations, working with a skilled credit card fraud defense attorney like Brett Metcalf is essential to protect your rights and secure the best possible outcome.

Brett Metcalf brings valuable insight to defending credit card fraud cases, thanks to his experience as a former prosecutor. He understands how the state builds fraud cases and leverages this knowledge to find weaknesses in the prosecution’s evidence, whether it involves electronic records, witness statements, or surveillance footage. Brett meticulously examines every aspect of the case, from the investigation procedures to potential violations of your rights.

Since 2012, Brett has defended Florida residents accused of financial crimes, including credit card fraud. From the initial investigation to courtroom proceedings, he works tirelessly to have charges reduced, dismissed, or resolved through favorable plea agreements. If the case goes to trial, Brett’s extensive litigation experience ensures you will have a strong and strategic defense.

Brett’s dedication has earned him widespread recognition, including being named a Super Lawyers Rising Star and holding a perfect 10 rating on Avvo.com. With over 90 five-star reviews, his proven track record demonstrates his commitment to helping clients move forward without a criminal record holding them back.

Contact a Florida Credit Card Fraud Defense Lawyer Today

Don’t handle the situation alone if you’re facing credit card fraud charges in Florida. Metcalf Falls, Criminal Defense Attorneys, P.A., is ready to fight for your rights and work toward the best possible outcome.

Call (813) 981-7005 or fill out our online contact form to schedule your free consultation today.

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