According to Florida Statute §817.61, an individual may be found guilty of fraudulent use of a credit card when he or she intentionally defrauds a merchant using a credit card that the person obtained unlawfully, knew to be forged, or presented under the pretense that the actual holder of the card gave his/her permission to be used, and obtained merchandise, services, money, or anything valuable from the merchant. At Adams, Luka, & Benton, our Orlando fraud defense attorneys work diligently to protect the legal rights and freedom of those accused of fraudulent use of a credit card. We know that while these types of charges do not typically involve violence, the consequences can be just as damaging. It is vital to obtain the support of a lawyer who is not only skilled in the courtroom, but dedicated to building a solid, effective defense.
There are various forms credit card fraud can take, including:
Regardless of your situation, it is important to consult with a capable and aggressive Orlando credit card fraud attorney at once.
Defenses to Charges of Fraudulent Use of a Credit Card in FloridaCredit card fraud may be charged as a misdemeanor or felony, depending on the facts of your case and the value of the merchandise/goods or services involved. While there are pretrial and trial defenses that are often used regardless of the type of criminal case including insufficient evidence, specific defense strategies which may prove to be effective against charges of fraudulent use of a credit card include:
Intent to defraud - the state must prove that at the time of the transaction, the defendant intended to defraud the merchant. If the defendant makes clear that he/she is not the cardholder and intends to repay the cardholder, the intent necessary for a conviction is lacking.
Double jeopardy - Theft and credit card offenses are generally considered varying degrees of the same offense in Florida, therefore if the defendant is charged with more than one offense, he/she can only be convicted once. Double jeopardy may be grounds for dismissal of additional or subsequent charges.
Criminal Penalties for Fraudulent Use of a Credit Card in Orlando & Central FloridaThe severity of the penalties you may face if convicted of credit card fraud depend on several factors including the number of times the card was used over a six-month time period, or the monetary value of the merchandise/goods purchased within six months.
A misdemeanor conviction will result if the credit card purchases totaled less than $100, and was used less than two times. Penalties may include:
A felony conviction may result if the credit card was used to obtain items valued at more than $100, and the card used more than two times. Penalties may include:
Individuals convicted of fraudulent use of a credit card will also have a criminal record which can negatively impact career, future employment opportunities, housing, an more.
Contact Adams, Luka, & Benton NowAs you can see, credit card fraud is not a crime that should be taken lightly. Whether you have been falsely accused or made a mistake, protecting your freedom and future is vital, and action should be taken immediately to develop a solid defense strategy. We take your case seriously, providing you with the legal guidance and support essential to reaching your desired result. Call us now for a free consultation at (407) 872-0307 or (352) 787-2101.
I would like thank my attorney Thomas Luka. I knew from the beginning I had the right guy in my corner. While celebrating with family and friends at a Public Park in Seminole County, a fight broke out among various people. Myself, and a good friend, broke up the fight and the instigators left. Six months later, I was wrongly accused as the person who started the fight. The first attorney I hired could not even get a response from the State Attorney handling the case. Someone referred me to Tom and I felt comfortable at his demeanor and reactions.
After conversations with Tom, who knew I would settle for nothing less than a FULL DISMISSAL due to my innocence, I hired him. His firm Adams, Luka, & Benton did the due diligence by interviewing witnesses and the police who were on the scene, as well as starting a dialogue with the State Attorney. After gathering statements from witnesses, Tom was able to present a strong argument on my behalf to the State Attorney on why the case should be dismissed. If the State Attorney was not willing to dismiss the case, Tom was ready to take the case to trial.
The result by Thomas Luka: Case Dismissed.
I am 53 years old with a spotless record and glad to keep it that way thanks to the time, effort, hard work, and professionalism of Adams, Luka, & Benton.