Credit Card Fraud Defense In Lake County

Credit Card Fraud And Its Penalties

The penalties for credit card fraud in Florida are determined by a "six-month window." Under F.S. § 817.61, the State tracks how many times a card was used and the total value obtained within any 180-day period.

Felony vs. Misdemeanor: The Thresholds

Usage Frequency	Monetary Value	Florida Classification	Max Penalty
2 or fewer times	Under $100	1st Degree Misdemeanor	1 Year Jail / $1,000 Fine
More than 2 times	Over $100	3rd Degree Felony	5 Years Prison / $5,000 Fine

Legal Alert: Under recent updates to the Offense Severity Ranking Chart, credit card fraud is often prosecuted alongside Identity Theft (F.S. § 817.568). If you are found in possession of 5 or more counterfeit cards, you may face 2nd Degree Felony charges with significantly higher "sentencing points."

---

Common Types of Credit Card Crimes

Florida law casts a wide net. You can be charged even if you never successfully made a purchase:

• Theft of a Credit Card: Simply taking or receiving a card you know was lost or mislaid with intent to use it.

• Fraudulent Use: Presenting a card (physically or digitally) that you know is forged, expired, or used without the owner's consent.

• Skimming & Scanning: Using a device to "lift" data from a magnetic strip. "Shimming" (targeting chip readers) is a high-priority target law enforcement.

• Unlawful Possession: Having a stolen card in your pocket with the intent to "impede its recovery" by the owner.

---

Strategic Defenses: Protecting Your Future

Fraud cases are unique because the State must prove Specific Intent. Their are several high-level strategies potentially available to fight these allegations:

1. Lack of Intent to Defraud

The State must prove you intended to deceive the merchant. If you reasonably believed you had permission to use the card, or if the transaction was a mistake (such as grabbing the wrong card from a shared wallet), no crime has been committed.

2. Consent & Authorization

Many "fraud" cases are actually civil disputes. If the cardholder previously gave you permission to use the card—even if they later regret it or dispute the amount—this is a matter for civil court, not a criminal courtroom in Tavares.

3. Mistaken Identity & Digital Spoofing

In the age of "Cyber-Theft," it is common for a person's IP address or device to be used by a third party without their knowledge. Their may be digital evidence to prove you weren't the one behind the screen.

4. Illegal Search and Seizure

If the police searched your phone, computer, or wallet without a valid warrant or probable cause, Attorney Lewis can file a Motion to Suppress. If the physical card or digital data is thrown out, the State’s case usually follows.

---

The Lewis Defense Law Advantage

A fraud conviction is a "crime of dishonesty." It can permanently prevent you from working in finance, healthcare, or government, and it can never be removed from your record if you are "adjudicated guilty."

• Prosecutorial Insight: I know how to present your side of the story to the State Attorney's Office to seek a Pre-File Dismissal.

• Restitution Strategy: Sometimes these cases can be resolved by arranging for early restitution. By paying back the loss, it may be possible to negotiate a Withhold of Adjudication or a reduction to a misdemeanor.

• Complex Data Review: It's not just the police report. Lewis Defense Law will review bank records, merchant logs, and surveillance footage to find the evidence the police missed.

Don't Let a Fraud Charge Ruin Your Reputation

If you have been contacted by a detective or served with a warrant in Clermont, Leesburg, Groveland, Eustis, Mount Dora, Tavares, or anywhere in Lake County your first move is your most important. Contact Lewis Defense Law today for a free, confidential case evaluation.