Credit Card Fraud Lawyer in Miami Lakes

If you’re under investigation or facing charges for credit card fraud in Miami Lakes or Miami-Dade County, the consequences are serious, including substantial prison time for a felony conviction.

Your priority right now should be preventing a conviction and its life-changing impact. Credit card fraud lawyer Nayib Hassan and his team will protect your legal rights and build a strong defense, starting with a free, confidential consultation.

Understanding Credit Card Fraud Under Florida Law

Fraud under Florida law is a deliberate, deceptive act committed to gain something of value or cause harm to another person. To prove fraud, prosecutors must establish four elements:

• Misrepresentation: False statements, misrepresented facts, or concealed information
• Intent: A willful act to deceive or defraud
• Reliance: The victim reasonably relied on the false information
• Damages: The victim suffered financial harm due to the deception

Credit card fraud is one of the most commonly charged fraud offenses in Miami-Dade County. Florida law addresses it across multiple statutes:

• § 817.60 — Theft or fraudulent obtaining of a credit card
• § 817.61 — Unauthorized possession or use of credit cards
• § 817.625 — Use of skimming devices or reencoders

Common Examples of Credit Card Fraud

Skimming: Attaching devices to ATMs or gas pumps to steal card data and PINs for cloning purposes.

Phishing: Sending fake emails or texts that mimic banks to trick victims into revealing card information.

Using stolen cards: Making purchases with physically stolen or digitally compromised cards.

Card-not-present fraud: Completing online or phone purchases using stolen card numbers without possessing the physical card.

Identity theft-linked fraud: Using stolen personal information to open new accounts or make charges on existing cards.

Penalties for Credit Card Fraud in Florida

Misdemeanor Charges

Credit card fraud is charged as a first-degree misdemeanor when the value of goods or services obtained is under $100 (or under $300 in some interpretations) within six months, or when the card is used two or fewer times. Misdemeanor convictions carry up to one year in jail and a $1,000 fine.

Felony Charges

The offense escalates to a felony when values exceed the misdemeanor threshold, when the card is used three or more times within six months, or when aggravating factors are present, such as multiple victims or possession of 30 or more stolen identities.

• Third-degree felony: Up to 5 years in prison. Applies to fraud involving property valued between $300 and $20,000, or fraud targeting someone 65 or older.
• Second-degree felony: Up to 15 years in prison. Applies to fraud involving property valued between $20,000 and $50,000, or fraud targeting someone 65 or older when the value is between $10,000 and $50,000.
• First-degree felony: Up to 30 years in prison. Applies to fraud involving property valued at $50,000 or more, or fraud targeting someone 65 or older when the value exceeds $50,000.

Beyond incarceration, a conviction can result in heavy fines, restitution payments, lengthy probation, and community service. The permanent criminal record creates long-term obstacles for employment, professional licensing, education, travel, and immigration status.

Federal Prosecution

Most credit card fraud cases are prosecuted at the state level, but federal agencies like the FBI or Secret Service may investigate cases involving counterfeit cards, values exceeding $1,000 across state lines over a year, or trafficking of devices like skimmers. Federal convictions carry 10 to 20 years in prison and fines up to $250,000.

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What is the difference between credit card fraud, theft, and identity theft?

The key distinction between fraud and theft under Florida law is the element of deception. Fraud requires misrepresentation and the victim’s reliance on false information, while theft involves directly taking property without consent.

Identity theft frequently overlaps with credit card fraud. Stolen personal data may be used to open new credit accounts or make unauthorized charges on existing ones. Because of this overlap, credit card fraud cases in Miami Lakes often include identity theft charges as well, which can escalate penalties based on the number of victims and the total amount obtained.

How can a credit card fraud lawyer help?

Navigating the legal system and avoiding severe penalties is difficult, especially when the evidence against you appears strong. With prompt legal assistance from an experienced credit card fraud lawyer, your chances of a favorable outcome improve significantly.

To secure a conviction, the prosecution must prove three elements beyond a reasonable doubt:

• The defendant obtained a credit or debit card illegally or knew the card to be a forgery.
• The defendant used the card with the intent to defraud a merchant.
• The defendant received money, goods, or something else of value from the merchant.

You should speak to a credit card fraud attorney as early as possible in the investigation, ideally before any formal interviews or arrest.

We will:

• Protect your rights during police questioning
• Prevent you from making statements that could be used against you
• Negotiate with prosecutors on your behalf
• Challenge unlawful searches and seizures
• Seek case dismissal, reduction, or entry into diversion programs
• Prepare and present your defense at trial if necessary

Who do we represent?

• First-time offenders
• Repeat offenders
• Young adults and students
• Business owners and employees
• Non-U.S. citizens facing immigration consequences

Common defenses for credit card fraud

Depending on the charges and allegations against you, your defense may be based on one or more of the following arguments:

• Lack of intent or knowledge
• Mistaken identity
• Consent or authorized use of the credit card
• Insufficient evidence
• Illegal search or seizure
• Violations of constitutional rights