What Happens if You're Accused of Using a Stolen Credit Card in Florida?

 Posted on September 02, 2026 in White Collar Crimes

Credit card cases can become complicated because the person accused of fraud is not always the person who originally took the card. Someone may receive a card from another person or be accused of making purchases without the cardholder's permission.

If you are accused of using a stolen credit card in Florida, you could face criminal charges, even if you did not steal the card yourself. If you are facing credit card fraud charges in 2026, a Miami, FL criminal defense attorney can review the charges and help you with the next steps.

What Counts as Using a Stolen Credit Card in Florida?

Under Florida Statute § 817.61, a person can face charges for using certain unlawfully obtained credit cards with the intent to defraud. The law also covers certain situations where someone uses a card while falsely claiming to be the cardholder.

However, prosecutors must prove that more than an unauthorized transaction occurred. Whether the accused person knew the card was being used without lawful authority and intended to commit fraud can be important to the case.

Can You Be Charged if You Didn't Steal the Credit Card Yourself?

You can be charged with fraudulent use of a credit card even if someone else originally stole it. Florida law treats stealing a card separately from using one to commit fraud.

Someone who receives a stolen card from another person and later uses it may still face charges. Prosecutors would need to establish the elements of fraudulent use, including the person's knowledge and intent.

Being associated with someone who stole a card, however, is not the same as fraudulently using it. The evidence must connect the accused person to the offense charged.

Can Possessing a Stolen Credit Card Lead to a Separate Charge in Florida?

Possessing a stolen credit or debit card can lead to a separate charge, even if the card was never successfully used to make a purchase. Under Florida Statute § 817.60, knowingly possessing, receiving, or keeping a stolen credit or debit card with the intent to prevent the cardholder from recovering it can be a separate offense. Section 817.60 also covers several types of conduct involving stolen or unlawfully obtained cards, including:

• Taking a credit or debit card without the cardholder's consent
• Receiving a card taken without permission with the intent to use, sell, or improperly transfer it
• Keeping a card you know was lost or mistakenly delivered with the intent to use, sell, or improperly transfer it
• Forging or altering a credit card with intent to defraud 

A completed purchase is therefore not always required for a card-related charge. How the person obtained and kept the card may be central to the accusation.

Is Fraudulent Credit Card Use a Felony in Florida?

Fraudulent credit card use can result in either misdemeanor or felony penalties in Florida. The classification is based on the number of times the card was unlawfully used and the value obtained within a six-month period.

Section 817.61 mentions that under Florida Statute § 817.67, fraudulent use is punishable as a first-degree misdemeanor when the card is used no more than two times in six months, or the value obtained is less than $100.

If the card is used more than twice during that period, or the value obtained is $100 or more, the offense is punishable as a third-degree felony. Reviewing the transactions involved can therefore be important when determining the potential charge.

What Should You Do if You're Accused of Using a Stolen Credit Card?

If you are accused of using a stolen credit card, avoid discussing the allegations with police before speaking with an attorney. Statements you make about the card and its use could later become evidence against you.

You should also preserve records related to the accusation. This could include information about how the card came to be in your possession or records showing you had permission to use the card.

Do not delete messages or alter records that may be relevant to the case, as this may cause problems later on. A criminal defense attorney can review the available evidence and explain what the state would need to prove.

Contact a Miami, FL Credit Card Fraud Attorney Today

Being accused of using a stolen credit card can lead to misdemeanor or felony charges in Florida. Getting legal advice early can help you understand the specific accusation and how to respond.

Attorney Julian Stroleny is a former Assistant State Attorney in Miami-Dade County. He grew up in Coconut Grove and has received nearly 400 five-star reviews. Contact the Miami, FL criminal defense lawyer at Stroleny Law: Criminal Defense Attorney for a free consultation, or call 305-615-1285 today. We’re available 24/7.