Credit Card Fraud Lawyer in Miami
When is it credit card fraud?
Credit card fraud is usually associated with identity theft that involves using someone's personal information to obtain or make unauthorized purchases. Federal law usually limits the victim's liability to $50 and banks will usually excuse the charges if you sign an affidavit explaining what happened. Typically, credit card fraud either involves the taking over of someone's account, or fraudulently applying for credit. Application fraud is the unauthorized opening up of an account in another person's name. Skimming is a scheme by which an employee of a business will take customers' information and then either sell the information to identity thieves or actually hijack the customers' identity for their own personal use.
Credit Card Fraud Defenses
To prove credit card fraud, the government must prove that you intentionally tried to defraud a merchant at the time of the transaction. So, if the accused tells the merchant that they are not the cardholder, and they will pay the cardholder back for the purchase, they lack the requisite intent to defraud. The prosecution of credit card fraud is also subject to the concept of double jeopardy. If a person is charged with multiple occurrences of credit card fraud, only one conviction can be imposed if found guilty. Any other additional attempts to charge that person will be subject to the defense of double jeopardy.
In Florida, it is a misdemeanor to unlawfully use a credit card less than two times in a six month period for items or services valued at less than $100. A misdemeanor credit card fraud conviction can carry with it a possible year in jail, up to one year probation, and up to $1,000 in fines. Credit card fraud becomes a third degree felony if in any six month period the card is unlawfully used more than twice and items or services over $100 were obtained. A felony conviction can result in up to five years in prison, up to five years of probation and up to $5000 in fines.
A charge of credit card fraud is a very serious crime with severe penalties. Don't delay in contacting Seltzer Law PA to help you defend yourself if you are charged with a credit card fraud crime. Contact us as soon as possible to schedule a free and completely confidential consultation.