Last updated February 2026
Florida aggressively prosecutes credit card theft, treating stolen cards, card numbers, and account data as felony offenses — even when no purchase is made.
Credit card theft is prosecuted as a felony theft offense, and penalties often track other grand theft felony penalties in Florida, especially when charges are stacked or enhanced.
Simply possessing someone else’s credit or debit card without authorization can lead to arrest and felony charges. These cases often arise from wallet thefts, vehicle break-ins, online transactions, workplace access, or misunderstandings between family members or roommates.
In Broward and Miami-Dade Counties, prosecutors routinely stack credit card theft with additional fraud and theft charges to increase leverage and sentencing exposure.
Here’s how Florida credit card theft laws work — and how these cases are challenged.
⚖️ What Counts as Credit Card Theft in Florida?
Under Florida Statute § 817.60, credit card theft includes:
✔ Taking a credit or debit card without the cardholder’s consent
✔ Possessing a card you know was lost, misdelivered, or stolen
✔ Possessing or using a credit card number without the physical card
✔ Selling, transferring, or receiving a card without authorization
✔ Possessing multiple cards belonging to different people, which often triggers enhanced fraud allegations
Importantly, actual use is not required. Prosecutors only need to allege knowledge and unauthorized possession to file felony charges.
Credit card theft is typically charged as a third-degree felony, punishable by:
Up to 5 years in prison
Up to 5 years of probation
Up to $5,000 in fines
These cases frequently proceed alongside grand theft, fraudulent use of a credit card, identity theft, or scheme-to-defraud charges.
🔗 Common Charge Combinations in Credit Card Theft Cases
Credit card theft rarely appears in isolation. Prosecutors often stack charges to multiply penalties and negotiation pressure.
Common combinations include:
1️⃣ Fraudulent Use of a Credit Card
Using a stolen card — even for a small transaction — is a separate felony.
2️⃣ Scheme to Defraud / Organized Fraud
Multiple transactions, victims, or cards can trigger enhanced felony exposure.
3️⃣ Grand Theft
If unauthorized charges exceed $750, grand theft may be added.
4️⃣ Identity Theft
Accessing or using personal identifying information escalates penalties.
5️⃣ Dealing in Stolen Property
Selling or transferring cards can support additional felony counts.
This stacking pattern mirrors what we see in grand theft combination cases and other complex financial-crime prosecutions.
🚨 How Police Build Credit Card Theft Cases
Investigators often rely on circumstantial and digital evidence, including:
Retail surveillance footage
Bank and merchant transaction records
IP logs tied to online purchases
Text messages and digital communications
Cell-phone searches (often contested in unlawful search cases)
Store-employee statements
Fingerprints on recovered cards
ATM or self-checkout video
But these cases frequently contain critical weaknesses, including mistaken identity, mixed wallets, shared vehicles, and assumptions about intent — especially in constructive-possession scenarios.
🛑 Common Scenarios That Lead to Wrongful Arrest
People are often charged with credit card theft even when no crime occurred. Common examples include:
Picking up a misplaced wallet
Holding a friend’s or family member’s card with permission (but no proof)
Borrowing a wallet or purse
Cards left in a shared vehicle or residence
Unaware possession during a police search
Online purchases made on someone else’s behalf
Cards mixed in with personal property
These cases often hinge on assumptions rather than evidence — particularly regarding knowledge and intent.
🛡️ Defenses to Credit Card Theft Charges
Effective defense strategies focus on exposing proof gaps and legal violations. Common defenses include:
✔ Lack of Knowledge
The State must prove you knew the card was stolen.
✔ No Intent to Defraud
Possession alone does not establish criminal intent.
✔ Permission or Authorization
Frequent in family, relationship, or roommate disputes.
✔ Constructive Possession Problems
Multiple people may have had access to the card.
✔ Misidentification
Surveillance footage is often unclear or misleading.
✔ Illegal Search or Seizure
Unlawful searches can result in suppression and dismissal.
✔ Insufficient Evidence
The State cannot rely on assumptions to prove felony guilt.
In many cases, these weaknesses support charge reductions or outright dismissal.
🚨 Facing Credit Card Theft Charges in Florida?
Credit card theft charges can escalate quickly — especially when prosecutors stack fraud and theft counts.
But many of these cases collapse when knowledge, intent, or legality is challenged early.
📞 Contact Michael White, P.A. to protect your record and fight back before the case hardens.
❓ Frequently Asked Questions — Credit Card Theft in Florida
Is credit card theft a felony in Florida?
Yes. It is typically charged as a third-degree felony under § 817.60.
Do I have to use the card to be charged?
No. Unauthorized possession alone may be enough if knowledge is alleged.
Can multiple cards lead to multiple charges?
Yes — especially when cards belong to different people.
Can credit card theft be combined with fraud charges?
Yes. Prosecutors frequently add fraudulent use, identity theft, or scheme-to-defraud counts.
Can credit card theft charges be dismissed?
Yes. Many cases fail due to proof, intent, or search-and-seizure problems.