Miami Credit Card Fraud Lawyer

Attorney Defending Against Credit Card Fraud Charges in Miami, FL

There are a wide range of circumstances where people may face credit card fraud charges. In many cases, people who are accused of these offenses are shocked to find themselves facing criminal prosecution. While some credit card fraud cases may involve criminal operations using stolen card information or counterfeit cards, others may involve disputed transactions, family members using cards without authorization, or other misunderstandings. The distinction between legitimate use of credit cards and fraud can become blurred in situations involving separated spouses, children with access to parents' accounts, employees with corporate cards, or business disputes over charges.

Regardless of how charges may arise, credit card fraud convictions lead to serious penalties, including imprisonment, fines, restitution, and ongoing criminal records. At Stroleny Law: Criminal Defense Attorney, we help people in Miami who have been charged with credit card fraud. Our lawyer can address allegations that involve civil disputes, misunderstandings about the use of accounts, or situations where retailers or financial institutions make claims of fraud without fully investigating the circumstances of a case.

How Florida Law Defines Credit Card Fraud

There are various forms of credit card fraud and related offenses that can result in criminal charges in Florida. The state's laws recognize that fraud can occur at multiple points in credit card transactions. A variety of actions involving the fraudulent use of credit cards, debit cards, and account information can result in criminal charges.

Using a credit card with the intent to defraud is addressed in Florida Statutes § 817.61. A person could be charged with credit card fraud if they use a credit card for the purpose of obtaining money, products, or services when they know that the card is forged, expired, revoked, or was obtained fraudulently. The use of a card without authorization could also lead to credit card fraud charges.

The severity of credit card fraud charges will generally depend on the value of the goods, services, or money that were allegedly obtained through the fraudulent activity. When a person is accused of committing no more than two offenses within a six-month period, and the value obtained is less than $100, they may face first-degree misdemeanor charges. If convicted, they could be sentenced to a maximum of one year in jail, and they may be required to pay a maximum fine of $1,000. In cases involving more than two transactions or more than $100, credit card fraud may be charged as a third-degree felony, punishable by up to five years in prison and fines as high as $5,000.

Situations That May Lead to Credit Card Fraud Charges

The unauthorized use of stolen or credit cards is a common reason for fraud charges. A person may be accused of using cards that they found or stole. Family disputes may also result in credit card fraud accusations. When a marriage breaks down, one spouse may accuse the other of fraudulently using credit cards. Children who have been given cards for emergencies may face charges when parents claim the cards were used without authorization.

Credit card fraud charges may arise in situations where employees with access to corporate credit cards are accused of making personal purchases or when disputes arise about business expenses. An employee may use a company card for travel expenses that the employer later claims were not approved, or purchases may fall into gray areas between business and personal use. Former employees who retain corporate cards after their termination and continue using them can be charged with fraud.

Online transactions involving stolen account information are another common reason for credit card fraud charges. Data breaches, phishing schemes, and hacking operations may provide criminals with access to credit card numbers. People may be accused of purchasing stolen information on the dark web or receiving stolen credit card numbers from other sources. When stolen cards are used to make online purchases, the parties involved could be charged with fraud.

Skimming operations may involve devices used to capture credit card information from legitimate card swipes at gas pumps, ATMs, or retail terminals. People who are accused of installing skimming devices, who collect the captured data, or who use the stolen information may face prosecution.

Federal Credit Card Fraud Charges

In some cases, allegations of credit card fraud may lead to federal criminal charges. When fraudulent activity involves people in multiple states, when data is sent over the internet, or when financial institutions are affected, federal prosecutors may pursue fraud charges. Federal cases typically involve large-scale fraud operations, organized criminal networks, or cases involving significant amounts of money.

The specific charges that apply in these cases may include access device fraud, wire fraud, bank fraud, or aggravated identity theft. Convictions may result in years or decades in prison, as well as the requirement to pay restitution for money, products, or services that were allegedly obtained through fraud. Federal sentencing guidelines will usually be used to determine the recommended sentences based on the amounts involved in a case, the number of victims, the sophistication of the scheme, and the defendant's role in the offense. Large-scale credit card fraud operations resulting in hundreds of thousands or millions of dollars in losses can result in sentences in federal prison lasting for decades.

Defense Strategies Against Credit Card Fraud Charges

Our lawyer can help determine what strategies may be effective when addressing claims of credit card fraud. He may take steps to show that a person was authorized to use a credit card. Evidence supporting these claims may include text messages, emails, or testimony showing that the cardholder authorized the purchases in question.

It may be possible to challenge whether there was an intent to defraud. Our attorney can present evidence demonstrating that a person believed they had authorization to use a credit card, that they intended to repay the charges, or that misunderstandings led to disputed transactions. If a person was confused about which card to use, if they used the wrong card by mistake, or if they genuinely believed they had permission to make purchases, credit card fraud charges may be dismissed.

Disputing the value of goods or services that were allegedly obtained can reduce the severity of charges. Prosecutors may inflate the amounts involved in a case by including transactions that were not fraudulent or by overstating the value of items obtained. Our lawyer will carefully review transaction records to identify legitimate charges that should not be included in fraud calculations and present evidence showing the actual value of goods obtained.

It may also be possible to show that charges resulted from billing disputes rather than fraud. When disputes arise about whether goods were delivered as promised, whether services were satisfactory, or whether recurring charges were authorized, these matters may be addressed in civil court rather than through criminal prosecution. Our attorney can present evidence showing that there were legitimate commercial disputes and that conduct did not rise to the level of criminal fraud.

Contact Our Miami, Florida Credit Card Fraud Attorney

Credit card fraud charges can threaten your freedom, your financial security, and your future. A conviction may lead to a criminal record that will follow you throughout your life, affecting your ability to obtain employment, credit, and housing. You need an attorney who understands how to defend against credit card fraud charges and who will fight to protect your rights.

Our lawyer can analyze transaction records and other evidence and challenge the claims made by prosecutors. He can address misunderstandings, family disputes, or situations where authorization to use a credit card was unclear. He will work to prevent a criminal conviction while minimizing the ways your life may be affected. Contact our Miami credit card fraud defense lawyer by calling 305-615-1285 and setting up a free consultation.