With the increase in credit card use over the past few decades, credit card fraud has also risen.
Credit card fraud can be charged as a state or federal crime. It is usually charged as a federal crime if the crime took place across state lines. For example, if you make an online purchase from a company outside of Florida, you could face a federal charge of credit card fraud.
You can be charged with credit card fraud no matter what type of card you use. It could be a credit card, debit card, department store card or any other type of card that is used to make purchases on credit.
The definition of credit card fraud
Florida law defines credit card fraud as using a credit card to obtain money, goods, services or anything else of value with an intent to defraud or without the consent of the holder of the card.
There are many situations where you could find yourself charged with credit card fraud due to a misunderstanding or miscommunication.
Perhaps you used a friend’s card believing that you had their permission or maybe someone gave you stolen gift cards but you did not know they were stolen. Additionally, you might be the victim of identity theft and you were not the person who committed credit card fraud. Sometimes people are even coerced into using a stolen credit card as part of entrapment.
As with any other crime, the prosecution must prove a charge of credit card fraud beyond a reasonable doubt. This means they must prove that you knowingly used a credit card knowing it belonged to someone else and that you intended to defraud.
If you knowingly used a credit card but did not have the specific intent to defraud, you might have a successful defense against a credit card fraud charge.
You have rights when you are charged with a crime and you should not face a criminal charge alone. You need someone on your side to protect your rights and help you build a strong defense.