Standing Up for Those Accused of Fraudulent Use of a Credit Card
Being accused of credit card fraud can turn your world upside down. Suddenly, your finances, career, reputation, and even your freedom are on the line. For many, these charges come as a shock — a misunderstanding, a moment of poor judgment, or a simple case of mistaken identity can quickly become a serious criminal issue. Whether you’re facing state or federal charges, the stakes are high, and every decision you make from now on is crucial.
At Hager & Schwartz, P.A., our Fort Lauderdale credit card fraud lawyers understand what’s at stake and how to defend against allegations. As former Florida prosecutors, we know how the state builds fraud cases and what it takes to break them down. Our experience on both sides of the courtroom gives us a vital advantage in spotting weaknesses in the prosecution’s evidence, challenging investigative procedures, and negotiating for reduced penalties or case dismissals when possible.
We approach every case with the urgency and precision it deserves. Our firm develops custom defense strategies, avoiding one-size-fits-all methods. Backed by over 50 years of combined criminal law experience, we have successfully defended clients in Broward County and federal courts across Florida. We are also known for our personal attention, giving clients direct access to their attorneys, including our cell phone numbers, so they don’t feel alone.
If you or someone you care about is under investigation or has been charged with fraudulent use of a credit card, seek help soon. Contact us for a free consultation with a Fort Lauderdale credit card fraud defense attorney who can fight to protect your rights and future.
What Counts as Credit Card Fraud Under Florida Law?
Under Florida Statute § 817.61, credit card fraud happens when someone uses or tries to use a credit card or credit card number to get money, goods, services, or anything of value with the intent to cheat. It’s illegal to use a card that’s not yours or that you don’t have permission to use for your own benefit or someone else’s. Even one unauthorized transaction can lead to criminal charges, and multiple uses in a short time can raise the crime from a misdemeanor to a felony.
Florida law covers a wide range of conduct beyond simply using a stolen card. According to § 817.60, it’s also unlawful to take, possess, or retain another person’s credit card without their consent, to forge or sign another’s name on a credit card, or to produce counterfeit or embossed cards with the intent to deceive. These actions can be charged as a separate offense, depending on the circumstances.
However, not every credit card dispute involves fraud. Our Broward County fraud charges lawyers often handle cases based on misunderstandings, such as unauthorized credit card use by roommates, relatives, or employees who had prior access or implied permission. These cases need careful investigation to differentiate between real criminal intent and honest mistakes or miscommunication.
Florida law also penalizes the other party involved in the transaction. Under § 817.62, merchants and vendors can face charges for intentionally accepting fraudulent credit cards or submitting false sales records to credit card companies. This is sometimes called “merchant fraud” or “factoring” and shows how complicated these investigations can become when multiple parties are involved.
Because credit card fraud cases can involve overlapping statutes and intricate financial evidence, having experienced counsel is essential. We have the insight and courtroom experience to navigate these complexities, thoroughly examining every fact, document, and transaction before your case ever reaches trial.
Is Credit Card Fraud a Felony in Florida?
Can you go to jail for credit card fraud in Florida? Yes, and the severity of the punishment depends on how many times the card was used and the value of what was obtained. Under Florida Statute § 817.61, fraudulent use of a credit card can be classified as either a misdemeanor or a felony, depending on these key factors.
If the card was used two or fewer times within a six-month period or the total value of the goods or services obtained was less than $100, the offense is a first-degree misdemeanor.
However, if the card was used more than twice within any six-month period or if the total value obtained was $100 or more, the charge increases to a third-degree felony under § 817.67(2).
Additionally, many cases involve credit card data and personal identifying information. When prosecutors can demonstrate that personal information (such as names, Social Security numbers, or account credentials) was used unlawfully, § 817.568 — Florida’s fraudulent use of personal identification information law — can apply. This law imposes tiered penalties and, in some cases, mandatory minimum prison sentences when the offense affects multiple victims or involves significant financial losses.
Because even small details can determine whether your case is charged as a misdemeanor or felony, it’s essential to have an experienced defense lawyer evaluate the facts early. Our Fort Lauderdale credit card fraud attorneys carefully examine the timeline of alleged transactions, the value of the involved property, and how law enforcement collected evidence, all to craft the strongest possible defense against these serious charges.
Florida vs. Federal Credit Card Fraud: What’s the Difference?
While many credit card fraud cases in Florida are prosecuted under state law, certain circumstances can elevate them to federal offenses, significantly raising the stakes. The primary difference lies in how and where the alleged fraud happened.
A case can move from state to federal court when the conduct involves interstate or foreign commerce, meaning it crosses state or national lines. Under 18 U.S.C. § 1029, federal prosecutors can charge “access device fraud” when the total value of the fraudulent transactions exceeds $1,000 in a one-year period, involves 15 or more credit cards or account numbers, or includes the possession or use of device-making equipment. Because these offenses typically involve multiple jurisdictions, they fall under federal investigative agencies like the Secret Service, FBI, or Department of Justice.
Federal prosecutors often add aggravated identity theft charges under 18 U.S.C. § 1028A, which applies when someone transfers, possesses, or uses another person’s identifying information during certain felonies, including credit card fraud. This penalty requires a mandatory two-year prison sentence, to be served in addition to any other penalties.
The difference between state and federal prosecution often comes down to whether the conduct crossed state lines or country borders.
We offer professional representation in state and federal courts. Attorney Brett M. Schwartz is licensed to practice in the Middle District of Florida, enabling our firm to defend clients involved in complex, multi-jurisdictional investigations. As experienced white collar crime attorneys in Fort Lauderdale, we leverage our prosecutorial insight and understanding of both legal systems to craft defense strategies to safeguard your rights at every stage.
Potential Penalties and Collateral Consequences in Broward County
In Florida, the penalties for credit card fraud depend on the case's specifics, especially the number of alleged uses and the total amount involved. Under § 817.67, the offense can range from a first-degree misdemeanor to a third-degree felony, meaning the potential penalties vary greatly.
The charges are levied as follows:
- First-degree misdemeanor:
- Applies when the credit card was used two or fewer times within a six-month period, or
- The total value of goods, services, or money obtained was less than $100.
- Penalties: Up to one year in jail, probation, and fines.
- Third-degree felony:
- Applies when the card was used more than twice within a six-month period, or
- The total value obtained was $100 or more.
- Penalties: Up to five years in prison, five years of probation, and substantial financial penalties.
These sentences are governed by Florida’s Chapter 775 sentencing guidelines, allowing judges to weigh aggravating and mitigating factors before deciding the sentence.
Besides possible jail or prison time, defendants might face restitution orders, probation conditions, and court-ordered counseling. The impacts can reach well beyond the courtroom. A credit card fraud conviction can threaten professional licenses, immigration status, and future job prospects, as fraud-related crimes are seen as offenses of dishonesty.
In Broward County, cases usually start with an arraignment — the official court hearing where charges are announced and a plea is made. The case then moves through pre-trial hearings, negotiations, and possibly a trial. Because timing is important, our credit card fraud attorneys in Fort Lauderdale can appear promptly on your behalf, making sure your rights are protected from the beginning.
We act swiftly to challenge evidence, negotiate with prosecutors, and reduce or even prevent the most severe penalties.
How We Defend Credit Card Fraud Cases
Every credit card fraud case is unique, and a strong defense starts with understanding the story behind the charges. We don’t use a one-size-fits-all approach. Instead, our Fort Lauderdale criminal defense lawyers create customized strategies to challenge the prosecution’s evidence at every stage of the case.
Because our founding attorneys are former prosecutors, we understand how the state develops and presents fraud cases. This insider knowledge helps us identify procedural weaknesses, expose investigative mistakes, and anticipate how the prosecution might try to prove intent. We aim to stay one step ahead, protecting your rights while working toward a favorable outcome.
Common defenses in credit card fraud cases include:
- Lack of intent to defraud: You must have knowingly and willfully intended to deceive someone. A simple mistake or misunderstanding does not meet that standard.
- Consent or authorization disputes: Many cases involve whether the defendant had permission to use the card, especially in household, business, or shared-account situations.
- Mistaken identity or misidentification: Surveillance footage, transaction data, or witness statements are not always reliable. We investigate whether law enforcement accurately connected the card use to you.
- Insufficient proof of value or frequency: Florida law ties penalties to how many times the card was used and the total value obtained. If prosecutors cannot prove either element beyond a reasonable doubt, charges may be reduced or dismissed.
- Constitutional violations: Unlawful searches of your phone, computer, or financial accounts, as well as coerced statements taken without proper Miranda warnings, can make key evidence inadmissible.
In some cases, we also pursue negotiated resolutions that prioritize your future, such as charge reductions, pre-trial diversion programs, or restitution-based settlements that can help you avoid a felony conviction. We also explore options for record sealing or expungement once the case is resolved.
Our attorneys are trial-ready and skilled negotiators who know when and how to pursue alternative outcomes. Most importantly, we offer personal attention throughout the process — you’ll have direct access to your lawyer’s cell phone and receive clear, consistent updates on your case.
When your reputation, livelihood, and freedom are on the line, you need a defense team that understands strategy and the system. We are ready to fight for you, from the moment of arrest to the final resolution.
Under Investigation? Pre-File Intervention Can Change the Path.
If you’ve learned that you’re under investigation for credit card fraud in Broward County. The most important step you can take right now is to speak with a defense attorney immediately. Many people make the mistake of waiting until formal charges are filed, but early legal intervention, known as pre-file representation, can often change the course of the entire case.
We frequently represent clients during the investigative phase, when detectives or financial crime units are still collecting evidence and deciding whether to pursue prosecution. This is a crucial window of opportunity. As former prosecutors, we understand how these decisions are made and how proactive defense strategies can sometimes lead to reduced charges or even no charges at all.
During a pre-file investigation, our attorneys can:
- Communicate directly with law enforcement to protect your rights and prevent you from making statements that could later be used against you.
- Supervise or coordinate any questioning to avoid self-incrimination.
- Preserve digital or financial evidence that may prove your innocence or provide critical context.
- Engage with alleged victims or merchants to clarify misunderstandings before the case is formally filed.
By acting quickly, we can influence how the prosecution perceives your case or convince them that criminal charges are unnecessary. This level of intervention demands prompt action, so we are available to individuals who believe they are under investigation.
If you’ve received a call from a detective, been contacted by your bank, or suspect you’re being monitored for potential fraud, don’t wait for an arrest to seek help. Contact us today for a free consultation. We provide flexible payment options and immediate support to help you take control before the situation gets worse.
Frequently Asked Questions
If you’ve been accused of credit card fraud, it’s normal to have questions about what happens next, from possible penalties to the steps you should take right now. Below, our Fort Lauderdale defense lawyers answer some of the most common questions we hear from clients facing fraud-related charges. These insights can help you better understand the process and how to protect your rights moving forward.
Is Credit Card Fraud a Felony in Florida?
The severity of charges depends on how many times the card was used and the total value obtained. Under Florida Statute § 817.61, using a card two or fewer times within six months or for less than $100 in value is a first-degree misdemeanor, punishable by up to one year in jail. Using the card more than twice within six months or for $100 or more elevates the offense to a third-degree felony, which can result in up to five years in prison under § 817.67. Since these thresholds can be confusing, it’s advisable to have an attorney review your specific charges.
What Happens if I’m Accused of Using a Stolen Credit Card?
If law enforcement suspects you used a stolen or unauthorized card, you could be arrested and booked before the case is officially filed. You will then go to an arraignment, where the charges are read, and you’ll have the chance to enter a plea. You are not required to talk to investigators; doing so without legal counsel can hurt your defense. Before answering any questions or agreeing to an interview, consult our Fort Lauderdale defense lawyers to protect your rights from the beginning.
Can a First-Time Offender Avoid Jail for Credit Card Fraud?
In some cases, yes. Florida courts recognize that not every fraud charge involves a hardened criminal. For first-time offenders, opportunities may be available to pursue pre-trial diversion, probation, or restitution agreements instead of jail. These outcomes depend on the value involved, the strength of the evidence, and whether the prosecutor is open to negotiation. Our attorneys can assess whether your case qualifies for an alternative resolution and help you pursue it effectively.
What’s the Difference Between Federal and State Credit Card Fraud Charges?
Federal prosecutors usually get involved when the alleged conduct impacts interstate or foreign commerce, involves $1,000 or more within a year, 15 or more cards, or device-making equipment, as outlined in 18 U.S.C. § 1029. Many federal cases carry extra penalties under 18 U.S.C. § 1028A, which requires a mandatory two-year prison sentence for aggravated identity theft. State cases are handled under Florida law, often with lower dollar amounts and local jurisdiction. Our team defends clients in state and federal courts, providing seamless representation no matter where the case is filed.
How Can a Lawyer Fight Credit Card Fraud Charges?
A skilled financial fraud defense lawyer can challenge the prosecution’s case at every phase. This might include questioning whether you intended to commit fraud, disputing claims of unauthorized use of a credit card, exposing weaknesses in surveillance or transaction data, or suppressing evidence obtained unlawfully. In some cases, your attorney can negotiate for reduced charges or even a dismissal. We leverage our background as former prosecutors to anticipate the state’s strategy and craft a strong, proactive defense to safeguard your record and future.
Why Choose Us for Credit Card Fraud Defense?
Facing credit card fraud accusations? Choosing the right defense attorney can be crucial. At Hager & Schwartz, P.A., we understand how stressful and uncertain this period can be, and we’re prepared to stand with you against the prosecution. Our firm has earned a trusted reputation across Florida for providing aggressive, strategic, and compassionate criminal defense.
Here’s what sets our team apart:
- Former prosecutors with insider knowledge: Our founding attorneys previously served as prosecutors before becoming defense lawyers. This experience gives us a thorough understanding of how charging decisions are made and how to reveal weaknesses in the state’s case.
- Extensive Florida court experience: We have spent decades representing clients in the Broward County / 17th Judicial Circuit, giving us valuable familiarity with local judges, prosecutors, and court procedures.
- Customized strategies and ready-for-trial advocacy: Each case we handle is approached with a fresh perspective and a targeted plan. We prepare for trial from the start, making sure every option, from negotiation to courtroom defense, is fully developed.
- 24/7 availability and free consultations: Arrests and investigations don’t wait for business hours. We’re available around the clock to answer your call and provide immediate guidance.
- Flexible payment plans: Quality defense shouldn’t be out of reach. We provide payment options designed to make experienced legal representation accessible to everyone.
- Proven success and trusted reputation: Recognized by Super Lawyers, Avvo, Martindale-Hubbell, and The National Trial Lawyers, our firm’s record of success speaks for itself.
- Personal attention and accessibility: We provide clients with our direct cell phone numbers to facilitate open communication and personalized support throughout the process.
When your freedom and future are at stake, you need more than legal help. You need a committed advocate. Contact us for a free, private consultation with a Fort Lauderdale credit card fraud lawyer. We are available 24/7 to defend your rights.
