Credit Card and Debit Card Fraud
The unauthorized use of a credit card in Florida can result in charges of credit card fraud. A credit card can also be known as a debit card, bank service card, banking card, check guarantee card, credit plate, electronic benefits transfer (EBT) card or any other instrument or device issued for the use of the cardholder in obtaining money, goods, services, or anything else of value.
All unauthorized uses of the same card in a six-month period are consolidated into a single charge. This can result in either a misdemeanor or felony offense, depending on the amount of money, goods, services, or anything else of value obtained with that card.
Brooksville Debit Card and Credit Card Fraud Lawyer
You will want to immediately seek legal representation if you have been charged with credit card fraud. The Law Office of Ashley Aulls, P.A. defends clients against criminal charges in Brooksville and other nearby communities like Spring Hill, Weeki Wachee, and Homosassa Springs.
For your initial consultation to review your case contact criminal defense attorney Ashley Aulls at (352) 593-4115 or send a message online. He helps individuals obtain the most favorable outcome possible when facing allegations of credit card fraud.
Hernando County Credit Card and Debit Card Fraud Information Center
- Florida Credit Card and Debit Card Fraud Charges
- Penalties for Credit Card and Debit Card Fraud in Florida
- Debit Card and Credit Card Fraud Defenses
The State Credit Card Crime Act (Florida Statutes § 817.57-817.65) defined credit card fraud as being either:
- Theft by taking or retaining possession of card taken — Taking a credit card from another person without the cardholder’s consent or, with knowledge that it has been taken, receives the credit card with intent to use it, sell it, or transfer it to a person other than the issuer or the cardholder.
- Theft of credit card lost, mislaid, or delivered by mistake — Receiving a credit card known to have been lost, mislaid, or delivered by mistake and retaining possession with intent to use it, sell it, or transfer it to a person other than the issuer or the cardholder.
- Purchase or sale of credit card of another — Selling or buying a credit card from a person other than the issuer.
- Obtaining control of credit card as security for debt — Intending to defraud the issuer, person or organization providing money, goods, services, or anything else of value.
- Dealing in credit cards of another — Receiving two or more credit cards issued in the name or names of different cardholders during any 12-month period.
- Forgery of credit card — Can involve either:
- Having any version of a counterfeit credit card or falsely making, embossing, or altering in any manner a credit card with intent to defraud.
- Unauthorized possession of two or more counterfeit credit cards.
- Falsely making a credit card in whole or in part that purports to be the credit card of a named issuer but the issuer did not authorize.
- Falsely embossing a credit card by adding any matter other than the signature of the cardholder without the authorization of the named issuer.
- Signing credit card of another — Signing a credit card with intent to defraud the issuer or a person or organization providing money, goods, services, or anything else of value.
- Unlawful possession of a stolen credit or debit card — Knowingly possessing, receiving, or retaining custody of a credit or debit card that has been taken from the possession, custody, or control of another without the cardholder’s consent and with the intent to impede the recovery of the credit or debit card by the cardholder.
The number of times a credit card was used and the amount of goods obtained within a six-month span determine the severity of the penalties you face if you are accused of credit card fraud:
- First-degree misdemeanor — Using a credit card in violation of State Credit Card Crime Act one or two times during any six-month period, or obtaining money, goods, services, or anything else in violation of the State Credit Card Crime Act which is valued at less than $100. A conviction can result in up to one year in prison and/or fines up to $1,000.
- Third-degree felony — Using a credit card in violation of State Credit Card Crime Act three or more times during any six-month period, or obtaining money, goods, services, or anything else in violation of the State Credit Card Crime Act which is valued at more than $100. A conviction can result in up to five years in prison and/or fines up to $5,000.
It is important to review the evidence against you when you have been charged with credit card fraud, as there are several possible defenses that can result in the charges being reduced or completely dismissed. Some successful defenses against credit card fraud include, but are not limited to:
- Illegal search and seizure, or other police misconduct
- Prosecution failure to turn over exculpatory evidence
- You are the victim of mistaken identity
- You had no intent to defraud
- You had permission or believed you were otherwise authorized to use the credit card
Find the Best Credit Card and Debit Card Fraud Lawyer in Brooksville
If you are facing credit card fraud charges in Florida, you should speak to an experienced criminal defense attorney as soon as possible. The Law Office of Ashley Aulls, P.A. represents clients in Hernando County as well as areas that include Citrus County, Sumter County, and Pasco County.
Contact Ashley Aulls at (352) 593-4115 or send a message online right now to arrange a confidential consultation. He will fight to protect your rights and provide an aggressive defense against the charges you face.