Tuesday, February 16, 2016
Credit Card Fraud Retail Theft Charges Attorneys Pinellas County FL http...
Powers Sellers and Finkelstein PLC
6344 Roosevelt Blvd Suite B
Clearwater, Florida 33760
Criminal Defense Attorneys in Pinellas County Florida
Clearwater FL | Largo FL | St. Petersburg FL
Credit Card Theft Lawyers | Credit Card Fraud Lawyers
Fraud and White Collar Crimes Attorneys
Credit Card Theft Crimes in Florida
Today, credit and debit cards are the primary payment source for making purchases or paying bills. And, just as you can be charged with theft of cash, you can be charged with the theft of a credit card in the State of Florida.
The State Credit Card Crime Act addresses credit card crimes in Florida and provides the penalties for a conviction of one of the provisions of the Act.
Florida Statute 817.60 describes the criminal offense of theft using a credit card and states:
“A person who takes a credit card from the person, possession, custody, or control of another without the cardholder’s consent or who, with knowledge that it has been so taken, receives the credit card with intent to use it, to sell it, or to transfer it to a person other than the issuer or the cardholder is guilty of credit card theft”
The same statute also makes it a crime to possess with the intent to use a credit card that you know was lost, mislaid, or delivered under a mistake to the wrong address and to buy or sell a credit card unless you are the issuer of the credit card. Finally, the statute makes it a crime to obtain a credit card as security for a debt.
All of the offenses found in Florida Statute 817.60, and that are part of the State Credit Card Crime Act, are punishable as a misdemeanor of the first degree or a felony of the third degree.
A first degree misdemeanor in Florida is punishable by up to a year in jail and a $1,000 fine. A third degree felony is punishable by a term of imprisonment not to exceed five years and a fine of up to $5,000.
Although the State Credit Card Crime Act directly addresses many criminal offenses, the Act is not exclusive, meaning that there are crimes outside of the Act that could include the illegal use of a credit card in Florida. Skimming someone's card number, or obtaining it unlawfully and using it as described in the Statute, is the same as being in physical possession of the card itself.
If you or someone you know is accused of a credit card theft or fraud charge, or any other white collar or related criminal charge, call Powers Sellers and Finkelstein PLC at 727-531-2926 or visit http://www.KeepCalmCallUs.com for more information and immediate assistance.