Florida law lists several types of credit card fraud in Fla. Stat. §§ 817.57 – 817.685 (known as the State Credit Card Crime Act) including fraudulent use of a credit card, stealing credit cards, using an expired credit card, and much more. And those alleged to have committed credit card crimes might face other charges outside of the Act. These can become very complex theft cases, which is why it is so important to secure representation from a credit card fraud lawyer in St. Petersburg at Goldman Wetzel if you are facing charges.
Types of Credit Card Fraud in Florida
The circumstances of the case will dictate the charges and penalties that the defendant faces. Those facing first-degree misdemeanor charges face up to a year in jail and up to $1,000 in fines. Those facing third-degree felony charges face up to five years in prison and up to $5,000 in fines.
Here are just a few examples of credit card crimes defendants might face.
- Credit card theft [Fla. Stat. § 817.60]: Those accused of taking a credit card from another person, using a credit card delivered to them by mistake, or purchasing or selling a credit card belonging to another person can face first-degree misdemeanor charges.
- Fraudulent use of credit card [Fla. Stat. § 817.61]: Defendants accused of using a credit card without the consent of the cardholder may face first-degree misdemeanor charges if they used the card fewer than two times or obtained goods valued less than $100 in a six-month period. If the value of goods was $100 or more or the defendant used the credit card more than twice in the six-month period, he faces third-degree felony charges.
- Using expired or revoked credit card [Fla. Stat. § 817.612]: Defendants who use a credit card they know to be expired or revoked face first-degree misdemeanor charges.
Additionally, those facing credit card-related charges in Florida can face other charges too.
Federal Charges for Credit Card Fraud
Some defendants may face federal charges for credit card crimes, the penalties for which are detailed in 18 U.S. Code § 1029. Below are some examples of penalties defendants might face.
- Producing, using, or trafficking counterfeit credit card [18 U.S. Code § 1029(a)(1)]: Fine and up to 10 years in prison.
- Using or trafficking a stolen credit card to receive payment or things of value of at least $1,000 in one-year period [18 U.S. Code § 1029(a)(2)]: Fine and up to 10 years in prison.
If the defendant was previously convicted of another offense under this section, he faces up to 20 years in prison. Further, defendants may face other charges in addition to those listed in 18 U.S. Code § 1029, such as for identity theft, mail fraud, computer fraud, Internet fraud, and more.
The stakes are high if you are facing accusations of credit card-related crimes. So get the help you need from a criminal defense lawyer at Goldman Wetzel in St. Petersburg. You can call us at 727-828-3900 or use our online contact form to set up your free consultation.