Credit card fraud laws are complicated without an Attorney to assist you. If you are facing these charges, you are likely confused and overwhelmed. A West Palm Beach credit card fraud lawyer could help. Regardless of the circumstances, an experienced fraud attorney could assist you in formulating a legal strategy and building a solid defense.
Every case is different, so a lawyer could assess all the facts and circumstances of each individual case and work with you to develop a legal strategy that is tailored specifically for your situation. It can be scary and overwhelming dealing with a case like this, but a lawyer from Leifert & Leifert is here to help.
What Constitutes Credit Card Fraud?
There are a variety of credit card fraud charges someone may face, all of which are explained fully in Florida Statutes Title XLVI § 817.57-817.685. These laws apply to ATM cards, check cards, debit cards, credit cards, and other types of cards that can be used for financial transactions. The statutes make it unlawful to:
- Make a false representation about one’s own identity or financial condition to get a credit card
- Purchase or sell the credit card of another person
- Take possession of the credit card of another person to secure payment of a debt
- Alter a valid credit card or create a counterfeit credit card
- Sign the credit card of another person
- Unlawfully possess the credit card of another person
A West Palm Beach attorney could explain someone’s exact credit card fraud charges and determine how to best defend them in court.
What Does the Prosecution Need to Prove in a Credit Card Fraud Case?
Credit card offenses require the prosecution to prove intent, meaning they must prove that the person intended to commit the crime for which they are facing charges. This means that someone who has permission or consent to use another’s credit card, or reasonably thought they had consent, cannot be convicted for a crime, even if the circumstances fit one of the offenses listed in the statute.
Most of the credit card crimes are classified as misdemeanors, but the penalties for each specific crime vary, and more serious crimes under other statutes can be pursued along with credit card fraud. A West Palm Beach lawyer could build a credit card fraud defense that proves lack of intent.
Penalties for Credit Card Fraud
The penalties someone may face for fraudulent behavior with a credit card may differ depending on the circumstances of the alleged offense. For a misdemeanor offense, the penalties include up to one year in jail, one year of probation, and a $1,000 fine. For a felony offense, the penalties may include up to five years in jail, five years of probation, and a $5,000 fine. One of the factors that determines whether a person may face felony or misdemeanor charges is the amount of property that was fraudulently purchased. If the amount is more than $100, a person could face a felony charge. A West Palm Beach attorney could help mitigate the penalties that a person may face in a credit card fraud case.
Speak with a West Palm Beach Credit Card Fraud Attorney
Working with a West Palm Beach credit card fraud lawyer can make this whole process a lot smoother for you. A lawyer can work with individuals to gather all the necessary information and facts, assess the evidence of the prosecution, and build a strong defense against the allegations.
Anyone facing these allegations should have the help and support of an attorney each step of the way, so they will not have to deal with all the stress and uncertainty alone. Get started today with your free consultation.