Credit Card Fraud Defense — Florida

Credit card fraud defense attorney Tonmiel Rodriguez — Board Certified Criminal Trial Lawyer in Bartow, Florida — defends clients charged under Florida Statute section 817.61 and related fraud statutes throughout Polk, Highlands, and Hardee Counties in the 10th Judicial Circuit. Credit card fraud charges carry real felony consequences including prison time and a permanent record. Whether the allegation involves a single transaction or a pattern of fraudulent use, I handle these cases from arrest through trial. Call (863) 774-4556 — 24/7, Hablamos Español.

Legally reviewed by Tonmiel Rodriguez, Board Certified Criminal Trial Lawyer — last reviewed June 2026.

Credit card fraud is more heavily prosecuted than many people realize. Digital forensics have made it significantly easier for investigators to link individuals to specific transactions, and Florida prosecutors treat fraud cases seriously, particularly when multiple incidents are involved or the total value is substantial.

What Is Credit Card Fraud Under Florida Statute Section 817.61?

Florida Statute section 817.61 makes it a crime to use a credit card — including debit cards and stored-value cards — that you know to be stolen, counterfeit, forged, expired, revoked, or belonging to another person without their authorization. Each separate fraudulent use is a potential separate count. The statute provides that a person who uses a fraudulent credit card more than once in a six-month period, or in a single transaction exceeding $100, commits a third-degree felony for each use.

What Other Credit Card Statutes Apply in Florida?

• Section 817.60 — Fraudulently obtaining a credit card by theft, misrepresentation, or fraudulent application
• Section 817.62 — Fraudulent use of credit card information, including card number theft
• Section 817.625 — Fraudulent use of a scanner or re-encoder (card skimming devices)
• Section 817.568 — Identity theft using personal identification information, frequently charged alongside credit card fraud

What Are the Penalties for Credit Card Fraud in Florida?

Credit card fraud under section 817.61 is a third-degree felony for qualifying uses:

• Up to 5 years in Florida state prison
• Up to 5 years of probation
• Up to $5,000 fine
• Restitution to cardholders and financial institutions
• A permanent felony record affecting employment, housing, and professional licensing

How Do Florida Prosecutors Build Credit Card Fraud Cases?

What Evidence Does the Prosecution Use in Credit Card Fraud Cases?

Modern credit card fraud prosecutions use: transaction records from the card issuer and merchant showing date, time, location, and amount; security camera footage from point-of-sale locations; IP address records for online transactions; device records linked to online purchases; location data placing the defendant near the transaction point; and text messages or communications referencing the cards or transactions.

How Do Investigators Connect the Defendant to Transactions?

In card-present fraud, surveillance footage and witness identification are common. In card-not-present online fraud, investigators subpoena IP address records, email accounts, shipping addresses, and device identifiers. Digital forensics on a seized phone or computer can reveal stored card numbers, purchase history, and communications — all of which become evidence.

What Are the Defenses to Credit Card Fraud Charges?

Did the Defendant Know the Card Was Fraudulent?

The statute requires the defendant to have knowingly used a stolen, counterfeit, or unauthorized card. Lack of knowledge is a complete defense. If the defendant received a card from another person and used it believing it was authorized, that genuine belief negates the knowledge element.

Was the Defendant the Person Who Made the Transactions?

Mistaken identity is a significant defense in credit card fraud cases, particularly online. An IP address is registered to a household or account, not a specific person. A device may be shared. A shipping address may be used by multiple people. The prosecution must prove beyond a reasonable doubt that the defendant — not someone else with access to the same network or device — made the fraudulent use.

Were the Transactions Authorized?

If the cardholder gave permission for the defendant to use their card, the use is not fraudulent. Disputes between family members, business partners, or roommates about whether authorization existed are genuine factual issues the prosecution must overcome.

Were the Search and Seizure Rules Followed?

Digital evidence must be obtained lawfully. A defective search warrant, an unlawful seizure, or an improper digital extraction can result in suppression of the evidence used to link the defendant to the transactions.

Related: White Collar Crimes | Embezzlement | Forgery and Uttering | Federal Fraud

Frequently Asked Questions About Credit Card Fraud in Florida

How Does Credit Card Skimming Lead to Federal Charges?

Credit card skimming — the use of electronic devices to capture card data from unsuspecting victims at ATMs, gas pumps, or point-of-sale terminals — is prosecuted under both Florida and federal law. Under Florida Statute section 817.625, possessing, using, or selling a card skimming device is a third-degree felony. However, when a skimming operation captures data from multiple victims across multiple locations, federal charges under 18 U.S.C. sections 1029 (access device fraud) and 1343 (wire fraud) often follow.

Federal access device fraud under section 1029 covers trafficking in and using counterfeit access devices — including skimmed card data loaded onto blank cards. The federal statute carries up to 10 or 15 years depending on the specific subsection, and federal prosecution is common in skimming cases because the Secret Service has jurisdiction over counterfeit and fraudulent access device offenses and actively investigates organized skimming rings in central Florida. A Polk County skimming case that starts as a state charge can quickly escalate to federal court.

What Are the Immigration Consequences of a Credit Card Fraud Conviction?

For non-citizens — including lawful permanent residents — a conviction for credit card fraud under section 817.61 carries serious immigration consequences. Fraud and theft offenses involving moral turpitude are deportable offenses under 8 U.S.C. section 1227(a)(2)(A) when the offense is an aggravated felony or when the sentence imposed is one year or more. A single credit card fraud conviction can trigger removal proceedings, bar reentry after travel, and prevent naturalization. Immigration consequences must be analyzed before any plea is entered in a credit card fraud case involving a non-citizen defendant. The requirements of Padilla v. Kentucky require defense counsel to advise clients of these consequences.

Credit Card Fraud and the Civil Side — FCRA and Chargeback Disputes

Credit card fraud cases sometimes involve disputes between financial institutions and merchants about chargeback liability under the Fair Credit Reporting Act and card network rules. These civil disputes are separate from the criminal proceeding, but they can produce evidence — investigation reports, transaction analysis, victim statements — that ends up in the criminal case. Defense counsel should obtain and review any civil investigation records, chargeback dispute documentation, or civil lawsuit filings related to the transactions at issue. In some cases, a civil settlement has preceded the criminal charge, and the terms of that settlement — particularly any statements made — need to be analyzed for their impact on the criminal defense.

What Are the Specific Elements the State Must Prove for a Section 817.61 Conviction?

Breaking down the elements the prosecution must prove is the foundation of any defense:

• Element 1: Use of a credit card. The prosecution must identify the specific card used and prove it qualifies as a “credit card” under Chapter 817’s definition, which includes debit cards, prepaid cards, and stored-value cards in addition to traditional credit cards.
• Element 2: Knowledge that the card was fraudulent or unauthorized. The defendant must have known the card was stolen, counterfeit, forged, expired, revoked, or being used without the cardholder’s consent. This is the knowledge element — a genuine belief that the use was authorized negates this element entirely.
• Element 3: Qualifying use. The use must have involved more than $100 in a single transaction, or must have been a repeated use within six months of a first violation. Individual transactions under $100 may be misdemeanor offenses rather than felonies depending on the circumstances.

Each element must be proven beyond a reasonable doubt. A defense that successfully challenges any one of these elements results in an acquittal on that count. When multiple counts are charged, each count requires independent proof of each element — a defense that negates knowledge for some transactions but not others results in acquittal on some counts even if conviction on others.

What Should I Do Immediately After Being Arrested for Credit Card Fraud?

The steps taken in the hours immediately following an arrest for credit card fraud significantly affect the trajectory of the case:

1. Do not make any statements to law enforcement. Invoke your right to remain silent explicitly — “I am invoking my right to remain silent” — and do not explain, justify, or minimize your conduct. Anything said before counsel is present can be used against you.
2. Do not consent to any searches. If investigators ask to search your phone, your car, your home, or any accounts, decline. State clearly that you do not consent. Investigators may proceed anyway pursuant to a warrant, but withholding consent preserves your right to challenge the search later.
3. Contact a criminal defense attorney before your first appearance. The first appearance bond hearing significantly affects your pretrial liberty. An attorney present at first appearance can argue for reasonable bond conditions rather than the conditions the prosecution proposes.
4. Preserve everything. Do not delete any messages, accounts, or records. Deletion of evidence after an investigation begins is obstruction of justice — a separate felony that compounds the original charges.
5. Do not contact any alleged victims, witnesses, or co-defendants. Any communication with these individuals can be charged as witness tampering and creates additional complications for the defense.

What Is the Statute of Limitations for Credit Card Fraud in Florida?

Under Florida Statute section 775.15, the general statute of limitations for third-degree felony credit card fraud is three years from the date of the offense. However, this period can be tolled — paused — under certain circumstances, including when the offense was concealed or when the defendant was not present in Florida during the limitations period. Financial institution victims often do not detect credit card fraud for weeks or months after the initial transactions, which can affect when the clock starts running. An attorney should analyze the limitations issue at the earliest opportunity in any case where the charged transactions are older.

How Does Credit Card Fraud Affect Immigration Status?

For non-citizens — including lawful permanent residents and those on visas — a conviction for credit card fraud under section 817.61 can constitute a crime involving moral turpitude (CIMT) or an aggravated felony under federal immigration law, depending on the amount involved. A CIMT conviction can result in deportation, bars to reentry, and denial of naturalization. When a credit card fraud offense is classified as an aggravated felony — typically when the sentence imposed is one year or more — the immigration consequences are severe and typically permanent. Defense of credit card fraud charges involving non-citizen defendants requires analysis of the immigration consequences under Padilla v. Kentucky and coordination with immigration counsel where necessary.

What Is the Connection Between Credit Card Fraud and Organized Retail Crime?

Credit card fraud is frequently prosecuted in connection with organized retail crime (ORC) operations, which use fraudulent credit cards and stolen card data to purchase merchandise for resale. Florida Statute section 812.0155 provides enhanced penalties for retail theft operations involving organized networks. When credit card fraud charges are filed alongside retail theft, grand theft, and organized scheme to defraud charges, the combined sentencing exposure can be substantial. Defending ORC-adjacent credit card fraud cases requires analysis of each charge’s elements separately — the overlap between credit card fraud, identity theft, and theft charges means that successful defense of some counts affects the overall sentencing picture even if other counts proceed.

Why the Quality of Your Defense Attorney Matters in Credit Card Fraud Cases

Credit card fraud cases often seem straightforward to prosecutors — the bank records, the transaction data, and the surveillance footage create what appears to be a compelling narrative. But the quality of the defense investigation, the willingness to file suppression motions, the sophistication in challenging digital forensic evidence, and the skill in cross-examining financial institution witnesses all determine whether the prosecution’s narrative holds up at trial or whether the charges can be resolved favorably before trial. I am Tonmiel Rodriguez — Board Certified Criminal Trial Lawyer in Bartow, Florida. Board Certification by the Florida Bar reflects demonstrated competency in criminal trial practice. Fewer than two percent of Florida attorneys hold this certification. Call (863) 774-4556 — available 24 hours a day, Hablamos Español.