If you have been charged with fraudulent use of a credit card in Florida then you may have a defense. Lack of intent to defraud is a defense that is oftentimes successful when fighting a fraudulent use of a credit card case. Even if you don’t think you have a defense, you should always speak to an attorney to make sure you have a full understanding of how the law applies specifically to your case. If you want to know more about lack of intent to defraud or how to beat your fraudulent use of a credit card case in Florida, then contact Matthew Williams now for a free consultation.
In Florida, fraudulent use of a credit card is defined under Florida Statute 817.61. A person commits fraudulent use of a credit card when they use a credit card with the intent to defraud a merchant and the credit card was 1.) unlawfully obtained, 2.) known to be forged, or 3.) presented under the pretense the actual credit card holder authorized the use, and the person obtains money, goods, services or anything else of value from the merchant.
The penalty associated with fraudulent use of a credit card is determined based on either:
- the value of the goods obtained within a six-month period
- the number of times the credit card was used within a six-month period.
Fraudulent use of a credit card is a first-degree misdemeanor, meaning it is punishable by up to one year in jail, or up to one year of probation and up to $1,000 in fines (you can also get a jail sentence followed by probation, but the total length of the punishment cannot exceed one year), if in any 6-month period, a credit card was unlawfully used less than two times and items valued at less than $100 were obtained.
Fraudulent use of a credit card is a third-degree felony, meaning it is punishable by up to five years in prison, or up five years of probation and a $5,000 fine (you can also get a jail or prison sentence followed by probation, but the total length of the punishment cannot exceed five years), if in any 6-month period, a credit card was unlawfully used more than two times or if items valued at more than $100 were obtained. In addition to facing prison time, if you are adjudicated guilty of fraudulent use of a credit card then you will lose constitutional rights and you’ll have to deal with many other collateral consequences.
Criminal convictions, especially convictions for fraud-related charges, carry severe consequences and can never be removed from your criminal record. If you are convicted of a felony you will lose your right to vote, your right to own firearms, and your ability to maintain certain business licenses. You can also lose your ability to receive financial aid, your ability to live in certain places and your ability to obtain a passport.
If you need an attorney who will advise you, fight for your rights, and do everything possible to protect your future, or if someone you know has been charged with fraudulent use of a credit card in Florida then contact Matthew Williams now for a free consultation.