Tampa Credit Card Fraud Defense Attorney
Aggressively Fighting for the Best Possible Outcome
Experienced Credit Card Fraud Defense Lawyer in Tampa, FL
Working with a Tampa credit card fraud defense attorney can be the difference between stopping a case early and facing charges that lead to prison time, heavy fines, and a permanent criminal record. Federal agencies and local law enforcement aggressively investigate financial crimes, often building cases against defendants before they even realize they’re under scrutiny. These white-collar crimes frequently overlap with other fraud offenses, including mortgage fraud, tax fraud, insurance fraud, and securities fraud, requiring a knowledgeable Tampa white collar crime lawyer who understands complex financial crime prosecutions
Buda Law provides aggressive defense representation for individuals facing credit card fraud charges throughout Tampa, protecting your legal rights from investigation through trial.
Call (813) 322-2832 or contact us online for a free consultation to discuss your credit card fraud case today.
What is Credit Card Fraud?
Florida law defines credit card fraud as the unauthorized use of another person’s credit card information to obtain money, goods, or services without permission. This criminal offense includes possessing stolen card details, making fraudulent transactions, and using false information to access financial accounts. Credit card fraud also encompasses situations where someone uses their own card with the intent to defraud by providing false pretenses about their ability to pay.
The crime extends beyond physical cards to include digital payment fraud and account details obtained through identity theft. Any scheme designed to secure financial gain through deceptive credit card use can result in serious criminal charges.
Florida Credit Card Fraud Laws and Charges
Florida Statutes § 817.61 classify credit card fraud under multiple criminal provisions that address different aspects of this financial crime. Prosecutors evaluate several factors when determining the severity of a charge, including the amount of money involved, the number of victims, whether the defendant possessed stolen cards or simply used them, and the duration of the fraudulent activity. State and federal governments may both pursue charges depending on the scope of the fraud scheme and whether it crossed state lines or involved federal financial institutions.
In some cases, prosecutors may rely on federal statutes, such as 18 U.S.C. § 1344, when an alleged credit card fraud scheme involves a financial institution, interstate activity, or an attempt to obtain money by false pretenses from a federally insured bank.
Classification ranges from misdemeanors for minor offenses to serious felonies when fraud cases involve substantial financial harm or multiple instances of fraudulent conduct. Some credit card fraud schemes may also constitute federal crimes when they cross state lines or involve federal financial institutions, necessitating representation from an experienced Tampa federal crime lawyer like Andrew Buda.
Common Types of Credit Card Fraud Charges in Tampa
Prosecutors pursue credit card fraud charges depending on the specific circumstances of each case and the evidence collected during the investigation. Law enforcement classifies these fraud crimes based on how defendants obtained card information, how they used it, and whether the scheme involved identity theft or digital technology.
Understanding the different types of charges helps defendants recognize the severity of their situation and the specific elements prosecutors must prove. Each category carries distinct criminal penalties and requires tailored defense strategies to effectively challenge the prosecution’s case.
Unauthorized Use of a Credit Card
Prosecutors frequently charge individuals with unauthorized use when they employ someone else’s credit card without permission to make purchases or withdraw money. This charge applies whether the defendant physically possessed the card or simply used the account details for online transactions.
The state must prove intent to defraud and demonstrate that the cardholder did not authorize the specific transaction. Even a single unauthorized purchase can result in criminal charges if the prosecution establishes that the defendant knowingly used another person’s financial information for financial benefit.
Credit Card Theft or Possession
Credit card theft involves physically taking another person’s card or obtaining card information through deceptive means. Possession charges arise when law enforcement discovers someone in possession of stolen credit cards, even if no transactions have occurred.
Florida law treats the mere possession of stolen card details as a criminal offense separate from the actual use of the cards. Prosecutors build these cases around evidence showing the defendant knowingly possessed cards or information belonging to others, regardless of whether they intended to commit fraud.
Online and Digital Payment Fraud
Digital payment fraud encompasses schemes involving online purchases, electronic fund transfers, and internet-based financial transactions using stolen or fraudulent credit card information. These fraud crimes often attract federal-level attention because they involve interstate commerce and may fall under wire fraud statutes.
Law enforcement agencies conduct detailed investigations into IP addresses, device information, and digital footprints to connect defendants to fraudulent online transactions. The federal government pursues these cases aggressively, particularly when schemes involve multiple victims or substantial amounts of money.
Identity Theft-Related Credit Card Fraud
Identity theft frequently accompanies credit card fraud when defendants obtain credit cards by impersonating others or using stolen personal information to open new accounts. This category includes applying for credit using false claims, creating counterfeit identification to obtain cards, and taking over existing accounts through identity fraud.
Prosecutors often charge both identity theft and card fraud simultaneously, compounding the potential criminal penalties. These complex fraud cases require a skilled Florida identity theft attorney who understands how to challenge the prosecution’s case on multiple fronts.
What are the Penalties for Credit Card Fraud in FL?
Credit card fraud carries severe penalties under both Florida law and federal law. The level of punishment depends on the amount of financial loss, the number of victims, prior criminal history, and whether the case is prosecuted in state or federal court.
At the state level, credit card fraud may be charged as a first-degree misdemeanor, third-degree felony, second-degree felony, or even a first-degree felony, depending on the total value involved and the conduct alleged. Beyond incarceration, a fraud conviction can lead to probation, restitution, and long-term financial consequences. Plus, a permanent criminal record can make it harder to secure employment, qualify for housing, or maintain a professional license.
When the conduct involves interstate transactions, large-scale schemes, or organized activity, prosecutors may pursue federal fraud charges. These penalties are typically more severe. Federal fraud convictions can carry lengthy prison sentences, significant fines, restitution orders, and forfeiture of assets.
Whether the case is filed in state or federal court, prosecutors must prove intent to defraud and establish the required elements beyond a reasonable doubt. The strength of the prosecution’s case, the available evidence, and the amount of alleged loss all play a central role in determining both the charge level and potential penalties.
Credit Card Fraud Jail Time Florida
As mentioned, credit card fraud charges in Florida depend on the amount involved and the specific conduct alleged. If the total value obtained within six months is $100 or less, the charge may be a Florida first-degree misdemeanor.
Penalties:
- Up to 1 year in jail
- Up to 1 year of probation
- Up to $1,000 in fines
If the value exceeds $100 or the card is used more than twice in a 6-month period, it is typically considered a third-degree felony in Florida.
Penalties:
- Up to 5 years in prison
- Up to 5 years of probation
- Up to $5,000 in fines
Fraud-related offenses, including certain credit card or organized fraud charges, may be charged as a Florida second-degree felony when the financial loss meets a higher statutory threshold or the conduct involves multiple victims.
Penalties:
- Up to 15 years in prison
- Up to 15 years of probation
- Up to $10,000 in fines
If the defendant has more than 30 cards in their possession unlawfully, the charge escalates to a first-degree felony in Florida.
Penalties:
- Up to 30 years in prison
- Up to 30 years of probation
- Up to $10,000 in fines
How Prosecutors Build Credit Card Fraud Cases
Prosecutors frequently rely on financial institution records to identify patterns of alleged fraudulent activity and connect specific transactions to a defendant. Detailed bank statements, transaction logs, and account histories are used to trace purchases and withdrawals over time. Law enforcement may also gather surveillance footage from retail stores, ATMs, and other locations where the transactions occurred to identify suspects and support witness accounts.
In cases involving online or electronic activity, digital evidence plays a central role. Investigators analyze IP addresses, device identifiers, email communications, and electronic transaction records to establish who accessed an account and when. Statements from cardholders, merchants, and banking representatives are then used to show that the transactions were unauthorized and to argue that the accused acted with intent to defraud.
What to Do If You Are Under Investigation for Credit Card Fraud in Tampa
- Contact an experienced criminal defense attorney immediately upon learning that federal agencies or local police are investigating you for credit card fraud.
- Avoid speaking with law enforcement without your lawyer present, as anything you say can strengthen the prosecution’s case against you.
- Understanding Florida’s consent to search law is critical. Do not allow law enforcement to search your devices or financial records without attorney guidance, as you have the constitutional right to refuse.
- Do not attempt to explain your actions or provide statements that you believe will clear your name, as investigators use these conversations to gather evidence and build criminal charges.
- Follow your attorney’s advice to protect your legal rights during questioning, prevent self-incrimination, and begin developing your defense strategy before prosecutors file formal charges.
Credit Card Fraud Defense Strategies
Skilled criminal defense attorneys develop comprehensive defense strategies by analyzing the prosecution’s evidence and identifying weaknesses in fraud cases. Prosecutors must prove intent to defraud beyond a reasonable doubt, establishing that you knowingly used credit card information without authorization for personal gain. Skilled Tampa criminal defense attorneys challenge this by demonstrating transactions resulted from a mistake or a misunderstanding, or that defendants believed they had permission to use the card.
Mistaken identity defenses address issues with surveillance footage quality, witness misidentification, and flawed digital evidence analysis that can lead to false accusations against innocent individuals. Constitutional challenges focus on Fourth Amendment violations in which law enforcement failed to obtain proper warrants before searching devices or financial records, rendering illegally obtained evidence inadmissible.
Credit card fraud lawyers also challenge insufficient evidence by highlighting gaps in the investigation, a lack of direct evidence linking defendants to fraudulent transactions, and alternative explanations for suspicious activity. Authorization disputes frequently arise in cases involving family members, business partners, or other relationships, where permission existed but was later contested, thereby defeating the criminal intent element necessary for conviction.
Why Work With a Tampa, Florida Credit Card Fraud Attorney at Buda Law?
Attorney Andrew Buda of Buda Law brings extensive experience handling white-collar crime cases in Florida courts and understands the complex legal process involved in bank fraud prosecutions. His knowledge of Florida criminal statutes, local prosecutorial practices, and federal fraud laws enables him to develop effective defense strategies tailored to each client’s situation.
From the initial investigation through trial, Buda Law provides defense-focused representation that protects legal rights and challenges every aspect of the prosecution’s case. A proven track record of successful outcomes in fraud cases demonstrates the value of working with an attorney who thoroughly understands both state and federal fraud statutes and knows how to exploit weaknesses in the government’s evidence.
Speak With an Experienced Tampa Credit Card Fraud Defense Attorney Today
As an experienced criminal defense attorney, Andrew Buda understands that these cases move quickly and require immediate action to protect your future. Prosecutors treat credit card fraud as a serious crime that threatens financial institutions and consumers, and pursue harsh penalties, even for first-time offenders.
Call Buda Law today at (813) 322-2832 or contact us online to schedule your confidential consultation and learn how an experienced Tampa credit card fraud defense attorney can protect your rights, challenge the prosecution’s evidence, and fight for the best possible resolution in your case.