Credit Card Fraud
Under Florida State Law, credit card fraud refers to any of the following acts:
- Unauthorized use of a credit card belonging to another individual or of an expired credit card
- Intently altering or counterfeiting credit cards
- Exchange, Buying, or Selling of forged or stolen credit cards
In addition, the term “credit card” under Florida State Credit Card Laws may refer to cards that do not permit credits to be taken and so may refer to debit cards. A comprehensive list of cards that are all clogged under the “credit card” tag include:
- ATM cards
- Check cards
- Credit cards
- Debit cards
- Banking cards
- Any of other type of card used for financial transactions
The State Credit Crime Act mostly covers Credit Card Fraud in Florida. Under the Act, the major charge for a credit card offense is a misdemeanor. Aside the act, prosecution of credit card fraud may proceed through other criminal statutes. Typically, offenses pursued by non-Act statutes end up with stiffer penalties for the offender.
Going farther, the unauthorized use by an individual of a credit card issued to another individual is barred under Florida state laws, where the defendant had foreknowledge that the card to be used was illegally obtained, stolen, or forged; and regardless assumed the identity of the original cardholder. During a trial, the prosecutor is required to provide proof that the defendant used a forged or stolen card to intentionally obtain money or make payments for services and goods.
Other common credit card fraud offenses under Florida state law include:
- Unauthorized retention or theft of a credit card issued to another individual
- Trading a credit card when you are not the issuer
- Forgery and counterfeiting activities with the intent of producing credit cards
Charges laid out by prosecutors for credit card fraud in Florida are either misdemeanor of the first degree or felony of the third degree. A defendant is charged with a misdemeanor of the first degree when he/she commits two offenses within a six-month period or when he/she obtains property valued at less than $100 from fraudulent activities well within the limits of credit card fraud. A defendant is charged with the stiffer felony of the third degree when he/she commits three or more offenses within a six-month period or when he/she is obtains property valued at more than $100 from fraudulent activities well within the limits of credit card fraud.
|First Degree Misdemeanor||Maximum of 2 offenses
Obtained property valued at <$100
|Within a period of 6 months|
|Third degree Misdemeanor||3 or more Offenses
Obtained property valued at >$100
Defenses to Credit Card Fraud
- When authorization is given by the original card holder
- When it can be established that the defendant had no intent to other engage in unlawful activities or commit fraud
Penalties for Credit Card Fraud in Florida
The penalties herewith described in the section are binding on credit card fraud cases charged using the Florida State Credit Crime Act. Convictions under any of the other valid statutes aforementioned in a previous section have penalties typically mentioned in the same statute.
Penalties under the Act differ with respect to the two kind of charges already mentioned—misdemeanor of the first degree or felony of the third degree.
Misdemeanor of the First Degree
- Prison sentence: Maximum of 1 (One) year
- Fine: Maximum of $1000
Felony of the Third Degree
- Prison sentence: Maximum of 5 (Five) years
- Fine: Maximum of $5000
Where a defendant is charged with a felony, the state may also consider previous felony convictions and criminal record of the defendant when determining the penalty.
Broward Criminal Lawyer
Kenneth Padowitz, P.A. provides a strategic criminal defense those accused of Felonies in both the state and federal court systems. Many inexperienced criminal defense lawyers are intimidated of trying a case in front of a jury. Broward criminal lawyer, Kenneth Padowitz, is not intimidated – he has tried over 300 jury trials, 35 of which are first-degree murder trials, and has become notorious over the years for the aggressive representation he provides his clients.