Florida Credit Card Fraud Lawyer
Credit card fraud is a very serious offense that can be charged as a federal offense or a state crime. Of course, some people intentionally commit this crime by stealing a credit card or by forging someone’s signature. Unfortunately, sometimes an honest mistake can also result in credit card fraud. For example, if someone makes a mistake on a credit card application and the creditor later learns of that mistake, they may think it was done intentionally and move forward with accusations of credit card fraud. Fortunately, there are defenses to these charges and our Florida credit card fraud lawyer can advise on what those are.
What is Credit Card Fraud?
The state law and federal law that outlines credit card fraud largely mirror each other. This type of fraud can be broken down into two different types. The first is account takeover, which involves using another person’s credit card when it was obtained unlawfully, forged, or a person knowing lied about having permission from the cardholder to use it.
The act of taking someone else’s credit card without their knowledge or permission is not enough to constitute credit card fraud. The prosecution must prove that you took the card and used it to buy something, defrauding a business owner in the process. There are a number of factors that contribute to the type of charges a person will face, and the seriousness of those charges. These include the number of times the card was used, and the value of the goods obtained through credit card fraud.
Credit Card Fraud Penalties
It it is found that someone used a credit card fraudulently less once or twice in a six-month period, or the items purchased using a credit card were valued below $100, the offense is considered a misdemeanor under state law. The penalties for this offense are one year in jail, a probationary period of no longer than one year, and a $1,000 fine. If the credit card was used more than twice in a six-month period, or the value of the goods was over $100, the offense is considered a third degree felony. Penalties for those convicted include up to five years in prison, a probationary period of five years, and a fine up to $5,000.
Credit Card Fraud Defenses
Things may seem hopeless if you have been charged with credit card fraud, but there are defenses you may be able to use. If you can show you had the consent of the cardholder, that can serve as a defense. Also, if you did not realize the credit card was not yours when you used it, that can also be used as a defense in your case.
Call Our Credit Card Fraud Lawyer in Florida Today
At O’Mara Law Group, our Florida credit card fraud lawyer knows how common credit card fraud has become, but also knows that not everyone facing charges is guilty. If you have been charged, call us today at 407-634-6604 or contact us online to schedule a consultation and to learn more about the defenses available