Yes, using someone else’s credit card without permission is illegal in Florida and can result in jail time. Under Florida law, unauthorized credit card use is a criminal offense that applies whether the card is stolen, borrowed, or used without the owner’s explicit consent. Even if you only planned to use the card once or thought the cardholder wouldn’t mind, prosecutors can still pursue criminal charges if they find the use was unauthorized.
The law differentiates between misdemeanor and felony charges based on the amount and frequency of fraud. Using someone else’s credit card fewer than two times within six months or obtaining less than $100 in goods or services can lead to a first-degree misdemeanor, punishable by up to one year in jail. However, if the value exceeds $100 or the unauthorized use occurs multiple times within six months, the charge becomes a third-degree felony, with penalties of up to five years in state prison, along with fines and a permanent criminal record.
Contact Hager & Schwartz, P.A. for a free consultation and let our experienced attorneys help you defend your rights and future.
Credit Card Misuse Charges in Florida
Florida law punishes credit card misuse seriously, and the penalties mainly depend on how frequently and how much the card was used without permission. Under Florida Statute § 817.61, prosecutors consider the value of items or services obtained and the number of times the card was used within a six-month window to decide whether the offense is a misdemeanor or a felony.
If a person uses another individual’s credit card two or fewer times within six months and the total amount obtained is less than $100, the offense is a first-degree misdemeanor.
However, if unauthorized use happens more than twice within six months or involves $100 or more, the offense becomes a third-degree felony.
It’s also important to understand the difference between credit card theft and credit card fraud according to Florida law:
- Credit card theft generally refers to unlawfully taking or possessing someone else’s card or card information without their permission—essentially, the physical or digital appropriation of the card itself.
- On the other hand, credit card fraud involves knowingly using a stolen, forged, or unauthorized card—or misrepresenting yourself as the rightful cardholder—to obtain money, property, or services.
Both offenses are taken very seriously and frequently overlap during prosecution. Because these cases often depend on intent, consent, and evidence, it is crucial to have an experienced defense attorney review your situation early.
Common Scenarios of Unauthorized Credit Card Use
Credit card misuse doesn’t always come from intentional theft or elaborate fraud schemes. Many incidents start with seemingly harmless actions—borrowing a spouse’s card, paying with a friend’s card, or picking up a lost card and thinking it’s okay to use. Sadly, Florida law doesn’t make exceptions for misunderstandings or good intentions. Even one unauthorized transaction can result in criminal charges.
Using a spouse’s credit card without permission is a common yet often misunderstood situation. Many believe that being married or sharing household expenses automatically means they can use their partner’s card. However, if your spouse reports the use as unauthorized, you could face the same penalties as anyone accused of fraud. Consent is the crucial factor—without it, the law considers the act illegal.
Similarly, “borrowing” a friend’s card or making a purchase on their behalf can result in criminal charges if the friend later disputes the charge or says you exceeded the agreed limit. Text messages or verbal agreements often aren’t enough to defend against prosecution if the evidence shows the transaction was unauthorized.
More serious cases involve using a lost or stolen card. Even if you didn’t physically steal the card, using one you found—or someone else gave you—knowing it wasn’t yours can lead to felony charges. The law considers knowingly using an unauthorized card as intent to defraud, regardless of how you obtained it.
Finally, using someone else’s debit card is illegal under Florida law. Whether the card is linked to a credit line or a checking account, unauthorized use can be charged as credit card fraud or even theft, depending on the case facts.
Because these situations often arise from personal relationships or misunderstandings, seeking legal counsel is critical before speaking to investigators.
How Much Jail Time Can You Get for Credit Card Fraud in Florida?
The jail or prison time for credit card fraud in Florida depends on how the offense is charged—either as a misdemeanor or a felony—and the case’s facts. Even a seemingly minor incident can have serious consequences if prosecutors believe intent to defraud existed or multiple transactions occurred.
If the total value of goods or services obtained is less than $100 and the unauthorized use occurred two or fewer times within a six-month period, the charge is a first-degree misdemeanor. A conviction at this level can result in up to one year in jail, one year of probation, and fines up to $1,000. While this may seem less severe than a felony, a misdemeanor theft or fraud conviction can still have long-lasting effects on your employment prospects and reputation.
When the amount involved reaches $100 or more, or the card is used more than twice within six months, the offense qualifies as a third-degree felony under Florida Statute § 817.61. Felony convictions can lead to up to five years in state prison, five years of probation, and fines up to $5,000. In some cases, such as large-scale schemes, repeat offenses, or the use of multiple stolen cards, prosecutors may seek enhanced penalties, which could increase prison time and restitution requirements.
For first-time credit card fraud offenders, judges may consider mitigating factors such as a lack of prior criminal history, the amount of money involved, or evidence of cooperation. In some cases, your attorney might be able to negotiate reduced charges, probation, diversion programs, or restitution agreements to avoid jail or prison entirely.
Because outcomes greatly depend on circumstances and your defense strategy, having experienced legal representation from the beginning is crucial.
Defenses Against Fraudulent Use of a Credit Card
Every claim of credit card fraud is unique, and the outcome often depends on the strength of the defense strategy. Often, what looks like clear proof of fraud might actually result from a misunderstanding, lack of intent, or mistaken identity. A skilled attorney can review your case details to find weaknesses in the prosecution’s argument and work for a favorable outcome.
One of the strongest defenses is proof of consent from the cardholder. The alleged “fraud” might not be a crime if you had permission to use the card. Disputes among spouses, family members, or friends often result in false accusations when one person later denies giving consent. Keeping communication records, text messages, or witness testimony can help establish that authorization was given.
Another important factor is the absence of criminal intent. Prosecutors must prove that you knowingly and intentionally used the card to defraud someone or a business. If you believed the card was yours, thought you had permission to use it, or made an honest mistake, this element of intent is lacking—and without it, a conviction cannot stand.
Cases of mistaken identity are also common, especially when fraud involves online transactions or stolen card information. Surveillance errors, digital tracing problems, or misidentifications can cause investigators to accuse the wrong person. Showing that you weren’t the one who made the transaction—or that someone else had access to your information—can be very important to your defense.
Sometimes, the prosecution’s case collapses due to a lack of sufficient evidence. If the state cannot prove beyond a reasonable doubt that you committed fraud, charges may be reduced or dropped entirely. An experienced defense attorney can challenge how evidence was obtained, question the credibility of witnesses, and reveal inconsistencies in the state’s story.
Protect Your Rights with a Fort Lauderdale Credit Card Fraud Lawyer
Credit card fraud is more than just a financial dispute—it’s a criminal charge that can alter your life. A conviction might result in jail or prison, heavy fines, and a permanent criminal record that hampers your ability to find work, get housing, or maintain professional licenses. Even accusations alone can harm your reputation and cause stress and uncertainty for you and your loved ones.
The moment you find out you’re under investigation—or are arrested—for credit card misuse or fraud, it’s vital to get legal help. Contacting a skilled defense attorney early can often determine whether you face conviction or dismissal. Your lawyer can protect your rights during questioning, challenge evidence obtained unlawfully, and negotiate with prosecutors before charges are filed. Acting quickly allows your defense team more time to identify errors, inconsistencies, or weaknesses in the state’s case.
At Hager & Schwartz, P.A., our Fort Lauderdale criminal defense attorneys understand what’s at stake when your future is on the line. As former state prosecutors, we have seen firsthand how aggressively the state pursues fraud-related offenses, and we know how to fight back. We build every case seeking to reduce or eliminate the impact of these charges, providing you with the strong, strategic defense you deserve.
If you’ve been accused of using someone else’s credit card or charged with fraud, don’t delay seeking help. Contact us for a free, confidential consultation. We’re available 24/7 to answer your questions, explain your options, and start protecting your rights right away.
