Fraudulent Use of a Credit Card

In Florida, Fraudulent Use of a Credit Card is committed when a person uses a credit card to defraud a merchant and the card was unlawfully obtained, or known to be forged or fraudulent, and presented under the pretense that the actual card holder authorized its' use.  Finally, the State Attorney prosecuting the case must prove that the card was in fact used to obtain money, goods, services, or anything of value from the merchant.

Felony Fraudulent use of a Credit Card

It is Felony Fraudulent use of a Credit Card if, in any 6-month period, a credit card is unlawfully used:

  1. More than two times; or

  2. Items valued at more than $100 was obtained.

The crime of Felony Fraudulent use of a Credit Card is a Third Degree Felony in Florida and is punishable by up to five (5) years in prison, five (5) years of probation, and a $5,000 fine.

 

Some viable defenses to Fraudulent Use of a Credit Card

Using a credit card fraudulently can land you in jail, but not if the State of Florida fails to prove that the defendant intended to defraud a merchant at the time of the transaction is question.  For example, if the defendant truthfully represents that they are not the cardholder and intends to pay the cardholder back, then they lack the intent necessary to sustain a conviction.

The lack of specific intent and other defenses illustrate why it's critically important to hire an experienced criminal defense attorney to develop an effective defense strategies and hold the State Attorney's Office to their burden of proving the crime of Fraudulent Use of a Credit Card beyond and to the exclusion of any reasonable doubt.  

There is hope

If you or a loved one is arrested and charged with Fraudulent Use of a Credit Card, please call our 24-hour telephone number 305-461-1066 to set up an appointment and free consultation so we can assess your particular case and provide you with the best legal advice on how to proceed.  

I want to hear your side of the story.

Rick Hermida

State and Federal Criminal Defense Attorney

55 Merrick Way ~ Suite 212

Coral Gables, Florida 33134

305-461-1116 (Office)

305-461-1066 (24 Hours)

We are solely a Criminal Defense Law Firm.  That's all we do and all we have done since 1987.

 

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