Credit Card Fraud FAQ | Clearwater - Tampa

If you're facing criminal charges for credit card fraud, you most likely have a litany of questions regarding your case. We have handled thousands of credit card fraud cases and our attorneys know how stressful this time may be for you. It is our goal to ensure you obtain the answers you deserve, as well as give you the representation and assistance you need to ensure a successful outcome for your case. And of course to avoid jail time!

If you have questions related to your specific case, you can contact us 24/7 for a free case review.

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Here are some common questions that our firm receives from clients involved in Credit Card Fraud cases:

Have you been arrested or accused of committing Credit Card Fraud in the Clearwater – Tampa Area of Florida?

You need the best credit card fraud defense attorney in this area today. It is imperative that you contact Powers Sellers & Finkelstein PLC immediately for a free case evaluation. If you're incarcerated, we'll come to you. Call (727) 531-2926.

Our criminal defense team will conduct an in-depth case review with you which includes an explanation of the elements of the credit card fraud charge(s) and an evaluation of the facts to determine any defenses that may exist. You need the best legal team you can find now. With over 20 Years of Combined Credit Card Fraud Defense experience, you can trust our Firm to provide the best legal counsel. We promise to mount an aggressive defense in your favor. Call (727) 531-2926 for a free case evaluation now and let's get your fraudulent credit card charges under control.

Why choose us for a credit card fraud conviction?

#1 – We Promise We'll Be There For You 24-7!
#2-We Know the Court System …

Just as you can be charged with theft of cash, you can be charged with the theft of a credit card (credit card fraud) in the State of Florida. The Law Firm of Powers Sellers & Finkelstein, PLC has over 20 years of combined experience defending clients charged with credit card fraud. We will begin investigating your case immediately. We will advise what steps you can take to minimize or even eliminate the stress involved in defending this type of case. Call for a free evaluation today and let our expert criminal defense team put our knowledge of the criminal justice system to work for you. All criminal charges are serious and Clearwater's Credit Card Fraud Attorneys of choice. Call us with your questions for a 100% free, private consultation immediately at (727) 531-2926 anytime, 24-7!

Defense Strategies

There are many defenses that our credit card fraud attorneys will provide. Since the prosecutor must show that you intentionally used a forged or stolen credit card to obtain money or to pay for goods and services, rest assured, our attorneys will work tirelessly to prove that the card was not forged, stolen, or unlawfully obtained. 

In addition to the pretrial defenses and trial defenses that can be raised in any criminal case,  the most common defenses for credit card fraud courts are:

  • No intent to commit fraud or otherwise engage in unlawful activities
  • Authorization was given by the credit card holder
  • Double jeopardy

If you have been arrested or charged with the crime of Fraudulent Use of Credit Cards in the Clearwater or Tampa Bay area, you need the right advice, call us today for a 100% free case evaluation.  

FAQ

Is credit card fraud a felony?

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

  • More than twice; or
  • Items valued at more than $100 were 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.

Felony Fraudulent use of a Credit Card is assigned a Level 2 offense severity ranking under Florida's Criminal Punishment Code. A judge may sentence a person convicted of Felony Fraudulent use of a Credit Card to probation, but may also impose a sentence up to the statutory maximum of five years in prison.

It is considered to be a credit card fraud  offense under the State Credit Card Act if any of the following criteria are met:

  • Theft by taking or retaining possession of card taken.
  • Theft of credit card lost, mislaid, or delivered by mistake.
  • Purchase or sale of the credit card of another.
  • Obtaining control of credit card as security for a debt.
  • Dealing in credit cards of another.
  • Forgery of a credit card.
  • The signing of a credit card of another.
  • Unlawful possession of a stolen credit or debit card.
  • Unauthorized use of an expired credit card
  • Counterfeiting or altering of credit cards

If the prosecutor has charged the defendant with a felony, the state may also consider the defendant's criminal record and previous felony convictions (aggregate prosecution) when determining the penalty and sentence.  It's for this very reason, you need a good credit card fraud attorney.

What can be considered credit card theft?

Credit card fraud can take many forms. Some of the more popular examples include the following:

  • Internet credit card fraud: This type of credit card fraud occurs when a person hacks to obtain a customer's information and uses the credit card information to make fraudulent purchases.
  • Skimming: Skimming typically is done at ATMs so that criminals can see the numbers on people's credit cards and then sell the information on the black market.
  • Mail credit card fraud: This type of credit card fraud takes place when a person takes someone else's credit card offer from the mail to authorize a new or replacement credit account.
  • Charge-back: This type of credit card fraud happens when a customer uses a credit card to buy items and then claims they never made the purchase.

How long can you go to jail for stealing a credit card?

A maximum fine of $1,000 or so, and a sentence of up to one year in the county jail. As the value of the property received increases, so does the penalty. Felony credit card fraud in which property of significant value was obtained might be punishable by a $25,000 fine and 15 years in prison.

Can you go to jail for using someone's credit card?

It's not fraud to lend out your card but people do go to jail for credit card fraud, and they can stay there for surprisingly long periods of time.

Can you go to jail for credit card debt?

Today, you cannot go to prison for failing to pay for a “civil debt” like a credit card, loan, or hospital bill. You can, however, be forced to go to jail if you don't pay your taxes or child support.

Is it illegal to use a deceased person's credit card?

The card issuer does not have a contract with you when you use a deceased person's card, so you cannot be sued under the terms of the credit card contract. However, you did incur a debt illegally. … If you used a credit card after the cardholder died, you should pay off the card if you can.

Can you press charges against someone for falsely saying I stole their credit card?

Filing a false police report could be either, or both, depending on how the accusation was made. Defamation is not a crime, and you can't press charges for it. Rather, you would sue the person who made the untrue statements in a civil court.

The victim does not want to prosecute, will the state drop the charges?

If an alleged assault or battery victim does not wish to prosecute, he or she may file a request not to prosecute. Although the prosecutor takes a victim's wishes into consideration, there is no guarantee that the charges will be dropped. You should hire an experienced assault and battery defense attorney to represent you so that all of your possible defenses are explored. Named victims may not be credible because they may have a criminal record and/or they may have a reputation in the community for violence. These scenarios can have a tremendous effect on your case if presented properly and promptly to the prosecuting agency.

When is credot card fraud a misdemeanor in Florida?

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

  1. Less than two times; and
  2. Items valued at less than $100 were obtained.

The crime of Misdemeanor Fraudulent use of a Credit Card is a First Degree Misdemeanor in Florida and punishable by up to one (1) year in jail, one (1) year of probation, and a $1,000 fine.

It is considered to be a credit card fraud offense under the State Credit Card Act if any of the following criteria are met:

  • Theft by taking or retaining possession of card taken.
  • Theft of credit card lost, mislaid, or delivered by mistake.
  • Purchase or sale of the credit card of another.
  • Obtaining control of credit card as security for a debt.
  • Dealing in credit cards of another.
  • Forgery of a credit card.
  • The signing of a credit card of another.
  • Unlawful possession of a stolen credit or debit card.
  • Unauthorized use of an expired credit card
  • Counterfeiting or altering of credit cards

Keep in mind that judge may sentence a person convicted of Misdemeanor Fraudulent use of a Credit Card to probation, but may also impose a sentence up to the statutory maximum of one year in jail. Keep calm, call us!

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Powers Sellers & Finkelstein is committed to answering your questions about Criminal Defense law issues in Florida. We offer a free consultation and we'll gladly discuss your case with you at your convenience. Contact us today to schedule an appointment.