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Fraudulent use of a Credit Card in Orlando

fraudulent use credit card

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, 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:

  • Internet credit card fraud involves hackers who may monitor a customer's entry into a vendor's purchasing system and steal the data in order to use the credit card information for their own online transactions (purchases).
  • Skimming is a process in which a merchant makes copies of a customer's credit card payment and then sells the information to a black market.
  • Mail non-receipt fraud occurs when the authorized customer does no receive a new or replacement card, as it is intercepted by someone else in the mail.
  • Charge-back fraud may occur when the customer actually uses the card to make a purchase or pay for goods, then claims that the transaction listed on the statement is not legitimate.

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 Florida

Credit 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 Florida

The 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 maximum of one (1) year in jail
  • A maximum of one (1) year probation
  • Maximum fines of $1,000

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:

  • A maximum of five (5) years in prison
  • A maximum of five (5) years probation
  • Maximum fines of $5,000

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 Now

As 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.

Client Reviews

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 of Adams and Luka 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 the Adams and Luka and Tom Luka.

Earl from Mesquite
Thomas Luka left a life-long great impression of lawyers. He was always professional, on time, and answered things honestly. From the start and during the 14 months it went on - Tom was very upfront and honest with me about the possible outcomes. The result was better than I had hoped for. Tom really over-delivered. HIGHLY RECOMMEND. Marcela Giorgi
Adams and Luka were very professional and savvy in the courtroom. When you're in court with Mr. Luka you will think you have the best attorney there. I recommend this law firm. Pioneer Tech
Rich Adams is an outstanding criminal attorney. I have had the opportunity to refer several friends and clients to his practice for handling of criminal matters, and on every occasion he has produced an excellent result. Rich practices with attention to detail, a thorough knowledge of the law, and a passion to defend his clients. I will continue to refer clients to Rich Adams, and would strongly recommend him for your legal needs. Brian Pink