Fraudulent Use of Credit Cards
Fraudulent Use of a Credit Card
Fraudulent Use of a Credit Card is a common offense that comes with serious repercussions. The Legislature continues to enact laws to fight credit card fraud, but legislation often ensnares more people then intended. If you've been accused or arrested for Credit Card Fraud, give us a call today.
Fraudulent Use of a Credit Card is defined in Florida Statute Section 817.61. To prove the crime of Fraudulent Use of a Credit Card, the State must prove:
- You, with intent to defraud the issuer, or a person or organization providing money, goods, services, or anything else of value or any other person,
- used, for the purpose of obtaining money, goods, services, or anything else of value,
- a credit card obtained or retained in violation of this part, or
- a credit card which you knew was forged,
- obtained money, goods, services, or anything else of value,
- by representing, without the consent of the cardholder, that you were the holder of a specified card, or
- by representing that you were the holder of a card and such card had not in fact been issued.
2 or fewer times in 6 month period or value of less than $100
Up to 1 year in jail
More than 2 times in 6 months period or value of $100 or more
Trafficking in Credit Cards is defined in Florida Statute Section 817.611. A person who traffics in or attempts to traffic in 10 or more counterfeit credit cards, invoices, vouchers, sales drafts, or other representations or manifestations of counterfeit credit cards, or credit card account numbers of another in any 6 month period.
The most common defense to Credit Card Fraud is that you were authorized to use the credit card. In today's world, credit card transactions occur continuously. Credit card information is stored on computers, smart phones, IPads and more. Sometimes, people make transactions without even seeing the credit card number they are using because multiple credit card numbers are automatically saved and the computer may self populate the information when making an online purchase. The State must prove that you were the one who used the credit card and that you did so fraudulently. There may be many other defenses to your Credit Card Fraud case. Give us a call so we can discuss the facts of your particular case.
Fraudulent Use of Credit Cards,
Call Shorstein, Lasnetski & Gihon Now!