Credit Card Theft and Fraud Charges in Florida: What You Should Know

Many theft charges start with an action that may seem like no big deal: using a friend’s card with permission, borrowing an employer’s credit card for work, or holding a lost bank card with the intention to return it. Then law enforcement contacts you, and suddenly criminal charges are lodged. 

In Florida, credit card theft and fraud are taken seriously, and can potentially result in severe consequences. If you have been accused of anything theft or fraud related to the use or possession of a credit card, speaking with a criminal defense attorney in Clearwater is the first step that you should take. 

What Counts as Credit Card Theft in Florida?

Credit card theft is actually broader than most people realize. This kind of theft isn’t limited to physically stealing a card, but also includes unlawfully possessing someone else’s credit or debit card without consent. This can include keeping a lost card or even holding on to a card that was misdelivered. Note that even possessing a stolen card without using it can lead to charges.

What Is Credit Card Fraud?

Credit card fraud involves using a card without authorization to obtain goods, services, or money. Examples include making purchases with someone else’s card, withdrawing cash, exceeding authorized limits, or using cloned card information. A key element of this crime is having an intent to defraud.

Charges can escalate depending on frequency and amounts: multiple uses in six months or transactions totaling $100+ may result in a third-degree felony, carrying up to five years in prison and significant fines. In less serious situations, the offense may be filed as a misdemeanor. A felony conviction can carry up to five years in prison and significant financial penalties, while even a misdemeanor can result in jail time and fines.

Penalties and Long-Term Consequences

Beyond potential time in jail, a conviction for credit card theft or fraud can have lasting consequences. Having a criminal record, for a crime of dishonesty or untruthfulness, can impact employment opportunities, professional licensing, housing applications, and even immigration status.

If you consult with a Clearwater criminal defense attorney as early as possible, you’ll be able to fully understand the possible penalties and the realistic outcomes in your specific case.

Common Situations That Lead to Arrest

Ultimately, what begins as a financial disagreement or misunderstanding can quickly become a criminal charge and many credit card cases actually stem from everyday disputes. A partner or family member may claim there was no clear permission to use a card, or an employer may accuse an employee of exceeding authorized expenses. Identity theft investigations can also mistakenly target the wrong person, and online transactions flagged by banks can trigger law enforcement to be contacted.

Potential Legal Defenses

Defenses depend on the facts. Common defense strategies that may be used can include showing a lack of intent, mistaken identity, or shared account access. In some cases, evidence pulled by the prosecution may be inadmissible due to unlawful searches of wallets, homes, or devices. A skilled Clearwater criminal defense attorney with the Law Offices of Marc N. Pelletier will take the time to thoroughly examine all facts of your case, including the prosecution’s evidence, and work to build the most effective defense strategy possible.

Facing credit card theft or fraud allegations at any level should never be taken lightly. Request a free case consultation with one of our top Clearwater criminal defense attorneys or call today at (727) 493-9386.