What Are the Penalties for a First-Time Offense of Credit Card Theft?

What Are the Penalties for a First-Time Offense of Credit Card Theft?

What Are the Penalties for a First-Time Offense of Credit Card Theft?

Credit card fraud continues to be a problem in Florida, and the state has several laws on the books to combat it and punish the guilty. However, the punishment is vastly different if you are a first-time offender using your mom’s credit card to download games compared to those who run a widespread phishing or skimming operation. Penalties can include traditional incarceration, fines, probation, and restitution, but there are penalties that affect you every day if you are convicted. Let’s delve into what credit card theft is and the penalties for a first-time offense compared to a widespread operation.

Credit Card Theft in Florida

Florida Statutes § 817.61 specifically addresses fraudulent use of credit cards, outlining the criteria for what constitutes a criminal act under this law. According to the statute, an individual commits credit card fraud when they use a credit card with the intent to defraud a merchant, issuer, or any other entity or individual.

The Florida Communications Fraud Act addresses credit card fraud as using any means to obtain property from someone else using electronic means, including using a credit card to obtain goods and services, intending to defraud the provider.

The Florida Deceptive and Unfair Trade Practices Act bans deceptive business acts, including falsely representing facts or a situation to obtain credit card information. Common ways credit card fraud occur include:

  • Skimming, capturing credit card data at a point of sale, like a gas station with payments taken at the pump
  • Online purchases where the credit card is not physically present
  • Phishing, or tricking targets to reveal their credit card information, such as on fake consumer websites
  • Identify theft, stealing a credit card holders’ personal information to purchase goods in the tricked person’s name
  • Using someone else’s credit card for purchases without their consent, including if the credit card is stolen

If you have been involved in any of these activities, penalties depend on how much you are charged with stealing. It also matters if this is the first time you have been accused. But let’s explore what a conviction for a first-time offense of credit card theft can mean to your life and future.

Penalties for Credit Card Fraud

Florida generally classifies credit card fraud as a third-degree felony, with penalties of up to five years in state prison and fines up to $5,000. If more than one victim is involved or more than $300 is fraudulently charged, the charges ramp up to a second-degree felony, with incarceration of up to 15 years in state prison and fines up to $10,000.

If the value of goods charged is less than $100 for fraudulent purchases over a six-month period, the charge is a first-degree misdemeanor, Under the Florida Credit Card Fraud Act, two offenses within six months or one offense in which the value of the goods charged is more than $100, a first-degree misdemeanor is also charged, which comes with up to one year in Orange County jail and up to $1,000 in fines. If the charges exceed $100, the charge ratchets up to a third-degree felony, with penalties of up to five years in state prison and up to a $5,000 fine.

In addition, a judge may order someone convicted of credit card theft to pay restitution to the victim; and if they have credit cards of their own, those can be suspended.

You should clearly see that using someone else’s credit card for the first time, even on a lark to buy beer at the Wawa, could land you in jail with a hefty fine in Florida. But there are unspoken penalties people must consider.

Credit Card Theft and Societal Status

A conviction for a theft crime comes with penalties beyond what the criminal justice system metes out. The embarrassment to someone convicted, even for a first offense, trickles down to the person’s family and friends. A conviction makes it harder to get a good job, rent housing, secure a bank loan, and if the charges are a felony, own a firearm or vote.

Contact Us If This is Your First Time Charged With Credit Card Fraud

If you are charged with first time credit card theft, we can help you. One mistake should never define you and our knowledgeable criminal attorneys fight to ensure it does not. Call today to share details of your credit card theft charges and discuss your options.

What Are the Penalties for a First-Time Offense of Credit Card Theft?
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