In Florida, fraudulent use of a credit card is a criminal offense that involves using a credit or debit card unlawfully to obtain goods, services, or money. This crime is governed by Florida Statutes § 817.61 and § 817.60, and it is taken seriously, with penalties varying based on the value of the fraudulent transactions and the number of times the card was used.  If you are charged with using someone else's credit card in Jacksonville you want to contact a Duval County defense attorney right away.  

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Definition of Fraudulent Use of a Credit Card:

Fraudulent use of a credit card occurs when a person:

1. Uses a credit or debit card that they know is stolen, forged, revoked, canceled, or otherwise unauthorized.

2. Uses a credit or debit card number or payment information without the cardholder's permission.

3. Intentionally presents a credit or debit card knowing that it is unauthorized or invalid to obtain goods, services, money, or anything of value.

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Elements of the Crime:

To convict someone of fraudulent use of a credit card in Florida, the prosecution must prove the following elements beyond a reasonable doubt:

1. The defendant used a credit card, debit card, or payment information.

2. The defendant knew that the card was stolen, forged, revoked, canceled, or unauthorized.

3. The defendant intended to defraud the merchant or cardholder by using the card.

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Penalties for Fraudulent Use of a Credit Card:

The penalties for fraudulent use of a credit card in Florida depend on the total value of the transactions and the number of fraudulent uses:

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1. Misdemeanor Fraudulent Use of a Credit Card:

If the defendant used the credit card two times or fewer in a six-month period and obtained goods, services, or money valued at less than $100.

   - Penalties: This offense is classified as a first-degree misdemeanor, punishable by up to 1 year in jail, 1 year of probation, and a fine of up to $1,000.

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2. Felony Fraudulent Use of a Credit Card:

If the defendant used the credit card more than twice in a six-month period or obtained goods, services, or money valued at $100 or more.

Penalties: This offense is classified as a third-degree felony, punishable by up to 5 years in prison, 5 years of probation, and a fine of up to $5,000.

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Additional Consequences:

Restitution: The court may order the defendant to pay restitution to the victims for the value of the goods, services, or money obtained through fraudulent use of the credit card.

Permanent Criminal Record: A conviction for fraudulent use of a credit card results in a permanent criminal record, which can impact future employment, housing, and other opportunities.

Civil Liability: The cardholder or credit card issuer may file a civil lawsuit against the defendant to recover damages resulting from the fraudulent use.

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Defenses to Fraudulent Use of a Credit Card:

Several defenses may be available to someone charged with fraudulent use of a credit card in Florida, depending on the circumstances:

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1. Lack of Knowledge: The defendant may argue that they did not know the credit card was stolen, revoked, or unauthorized.

2. Permission from the Cardholder: If the defendant had permission from the cardholder to use the card, this could be a valid defense.

3. Mistaken Identity: In some cases, the defendant may argue that they were wrongly identified as the person who used the credit card fraudulently.

4. Insufficient Evidence: The prosecution must prove all elements of the crime beyond a reasonable doubt. If there is insufficient evidence, the charges may be dismissed.

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Importance of Legal Representation:

Fraudulent use of a credit card is a serious offense in Florida that can result in significant legal consequences, including jail or prison time, fines, and a permanent criminal record. It is crucial for anyone facing this charge to seek legal representation from an experienced criminal defense attorney who can evaluate the evidence, challenge the prosecution's case, and work to reduce or dismiss the charges.

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In summary, fraudulent use of a credit card in Florida involves using a credit or debit card unlawfully to obtain goods, services, or money. The penalties depend on the value of the transactions and the frequency of use, with potential charges ranging from a misdemeanor to a felony. Legal representation is essential to defend against these charges and protect your rights.  We can help. Contact our office for a free and confidential consultation.