The crime of credit card fraud is defined as the unauthorized use of a credit or debit card to fraudulently obtain money or property. Florida law provides for a number of different crimes involving payment cards. Most of these crimes involve allegations of theft, fraud or forgery on a credit card or debit card. Credit card fraud can also include crimes involving similar payment tools such as ACH, EFT, or the recurring charge.
Some cases involving a card being physically stolen, although most cases involve information be stolen from unsecured websites or through an identity theft scheme. Most credit card fraudsters get caught when the alleged victim files a police report to have the charges reversed.
If you were charged with any type of crime for theft, fraud or forgery involving a credit card, then contact an experienced criminal defense attorney at Meltzer & Bell, P.A. in Fort Lauderdale, FL, in Broward County.
Related offenses include the unlawful use of a scanner device, illegal possession of a credit card machine, or illegally factoring credit card transactions.
Call (954) 716-8538 today to discuss any credit card fraud case.
Florida Law provides for several different ways that credit card crimes involving theft, fraud or forgery can be charged including:
The most common credit card crime in Florida involves the fraudulent use of credit cards which requires proof of the following elements:
Florida law provides that the fraudulent use of a credit card that occurs multiple times within a six-month period is treated as one single crime rather than multiple discrete crimes. The punishments for Fraudulent Use of Credit Card crimes depend on several factors including:
Depending on the number of times the credit card is used, the crime of Fraudulent use of a Credit Card in Florida can be charged as a first-degree misdemeanor if (during any 6-month period) the credit card was unlawfully used:
The first-degree misdemeanor version of "Fraudulent use of a Credit Card" is punishable by up to 12 months in jail and a $1,000 fine.
When the Felony Fraudulent use of a Credit Card occurred more than two times in any 6-month period or when the item(s) obtained were valued at more than $100, the crime is charged as a third-degree felony punishable by up to five (5) years in Florida State Prison and a $5,000 fine. The felony version of Felony Fraudulent use of a Credit Card is classified with a severity ranking as a Level 2 under Florida's Criminal Punishment Code.
FBI on Credit Card Frauds - Visit the website of the FBI to learn more about credit card fraud and the unauthorized use of a credit or debit card, or similar payment tool including recurring charges, EFT, and ACH, to fraudulently obtain money or property. Find out why these crimes occur when credit card information is stolen from unsecured websites or obtained in an identity theft scheme. Find tips to avoid credit card fraud.
After an arrest for the Fraudulent Use of Credit Cards in Fort Lauderdale or Broward County, FL, contact an experienced criminal defense attorney at Meltzer & Bell, P.A.. Speak with an attorney during the free initial consultation to find out more about the charges pending against you, the elements of the offense that must be proven at trial, and the best ways to fight the charges.
Call (954) 716-8538 today.
This article was last updated on Friday, April 27, 2018.
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