Broward County, Miami, and Palm Beach Credit Card Fraud Charge Attorney

What is a fraudulent use of a credit card?

Florida Statute 817.61 defines Credit Card Fraud as using a credit card with the intent to defraud a merchant knowing the credit card was one, or more, of the following:

  • Stolen
  • Forged
  • Unlawfully obtained
  • Used while pretending to be the actual authorized cardholder or without the consent of the cardholder
  • Obtaining money, goods, services or anything else of value from the merchant.

Fraudulent Use of a Credit Card is often associated with a number of other crimes involving theft of another person’s identity.  Credit card fraud can be committed several different ways, each of them is considered very serious.

Different Fraudulent Ways of Using a Credit Card

One common method involves obtaining the credit card information and using a device to download the information onto a gift card or other type of card with a magnetic strip.  The card is then used to make purchases or withdraw funds from ATM’s.

Another common method involves obtaining the identity information of another and applying for credit cards, receiving them in the mail and then using them as their own.

Given the fact that identity theft cases have been on a sharp increase over the past few years, prosecutors handle these cases very aggressively and courts tend to punish these crimes severely.  If you are alleged to be collecting persons personal information and distributing it in addition to using cards, you can expect to be offered a heavy prison sentence and potentially be prosecuted in Federal Court.

Penalties for Fraudulent Use of a Credit Card

There are two categories of Fraudulent Use of a Credit Card in Florida:

Section 817.67(1) – 1st Degree Misdemeanor

  • Using card Two times or Less in any 6 month period
  • Value of the items/services obtained is less than $100
    • Punishable up to:
      • Maximum 1 year in jail
      • Maximum 1 year of probation
      • Maximum $1,000.00 fine

Section 817.67(2) – 3rd Degree Felony

  • Using card Two or more times within any 6 month period
  • Value of the items/services obtained is greater than $100
    • Punishable up to:
      • Maximum 5 years prison
      • Maximum 5 years of probation
      • Maximum $1,000.00 fine

Contact a Broward County, Miami, and Palm Beach  Credit Card Fraud Attorney

The Office of Dell & Schaefer has been representing criminal defense clients since 1979.  Lead Attorney Grant Schwarz is rated as a Top 100 Trial Lawyer by National Trial Lawyers, and ready to take your case on and start fighting to defend your rights today.  Contact the office of Dell & Schaefer if you or someone you know has been charged with a Florida Theft Crime.

Aggressive prosecutors and judges need to be met by an equally aggressive and knowledgeable attorney.  Grant Schwarz has the knowledge and experience to properly defend your Florida Theft case.  Call today for a free consultation.  Former Prosecutor and Experienced Criminal Defense Attorney Grant Schwarz at the Office of Dell & Schaefer can start building a defense for you today!

The earlier you contact a Broward, Palm Beach and Miami Criminal Defense Lawyer the better.  Call Grant Schwarz to start telling your side of the story.  Call 954-620-8320 or email at

We Guarantee you will speak to a lawyer today.  Call our office for a free consultation 24 hours a day, 7 days a week including weekends and holidays.

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