Criminal Defense of Credit Card Fraud Charges in Florida

In the digital age, financial crimes have taken on new forms, with credit card fraud becoming a prominent concern for both individuals and businesses. The state of Florida, a hub for tourism, commerce, and technology, faces its share of credit card fraud cases. Individuals accused of credit card fraud in Florida are entitled to a fair trial and a strong defense. This article delves into the intricacies of criminal defense in Florida concerning credit card fraud cases, exploring the legal landscape, potential penalties, and defense strategies available to those facing such charges.

Understanding Credit Card Fraud

Credit card fraud is a serious criminal offense involving the unauthorized use of another person’s credit card information to make purchases, withdraw cash, or engage in other financial transactions. It can occur in various ways, such as stolen cards, skimming devices, phishing scams, and online data breaches. In Florida, credit card fraud falls under the broader category of white-collar crimes, which encompasses non-violent, financially motivated offenses.

Legal Landscape in Florida

Credit card fraud cases in Florida are prosecuted under state law, as well as federal law if they involve interstate or international transactions. Florida Statute 817.61 addresses credit card fraud explicitly, making it illegal to use, possess, or traffic in counterfeit credit cards or credit card information with the intent to defraud. The severity of charges and potential penalties depends on the specific circumstances of the case, including the value of the fraudulent transactions and the defendant’s criminal history.

Potential Penalties

The penalties for credit card fraud in Florida vary based on the value of the fraudulent transactions:

1. Credit Card Fraud Under $100: Considered a misdemeanor of the first degree, it carries penalties of up to one year in county jail and fines not exceeding $1,000.
2. Credit Card Fraud Between $100 and $300: This is a felony of the third degree, which can result in up to five years in prison and fines up to $5,000.
3. Credit Card Fraud Over $300: Classified as a felony of the second degree, individuals may face up to 15 years in prison and fines reaching $10,000.

In addition to legal penalties, those convicted of credit card fraud may also be required to pay restitution to the victim, covering the financial losses incurred.

Building a Strong Defense to Credit Card Fraud Charges in Florida

Defendants accused of credit card fraud in Florida have the right to a strong defense. Our Florida criminal defense attorney Christian Van Riper employs defense strategies against the charges, including:

1. Lack of Intent: One of the key elements of credit card fraud is intent. If the defendant did not knowingly or intentionally engage in fraudulent activities, this could form the basis of a defense.
2. Mistaken Identity: In some cases, individuals may be wrongfully accused due to mistaken identity. Providing evidence that the defendant was not present at the location of the fraudulent transaction can strengthen this defense.
3. Illegal Search and Seizure: If evidence was obtained through an unlawful search or seizure, it may be inadmissible in court. A defense attorney can challenge the legality of the search and work to suppress the evidence.
4. Insufficient Evidence: Prosecutors must prove the defendant’s guilt beyond a reasonable doubt. A skilled defense attorney can challenge the evidence presented and highlight any inconsistencies.
5. Coercion or Duress: If the defendant was forced or coerced into committing the fraudulent activity, this defense strategy may apply.

The Role of a Florida Criminal Defense Attorney in the Defense of Credit Card Fraud Charges

Navigating the complexities of a credit card fraud case in Florida requires the expertise of a skilled criminal defense attorney. Our attorney, Christian Van Riper, a former prosecutor, is well-versed in the laws pertaining to credit card fraud and can build a robust defense tailored to the specific circumstances of each case. Christian will investigate the evidence, interview witnesses, and advocate for the defendant’s rights in court.

Conclusion

Credit card fraud cases in Florida demand a thorough understanding of the legal landscape, potential penalties, and available defense strategies. Being accused of credit card fraud can have far-reaching consequences, affecting personal and professional lives. With the assistance of Christian Van Riper, his clients facing credit card fraud charges can navigate the legal process with the goal of achieving a fair trial and protecting their rights.

Contact Florida criminal defense attorney, Christian Van Riper, at any of the numbers below day or night for a free consultation to discuss criminal defense of credit card fraud charges in Florida or contact us here.

We are a veteran-owned law firm and offer discounts to all U.S. military veterans.

Our Treasure Coast and South Florida law offices:

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