When people hear the word fraud, they imagine stolen money, forged checks, or elaborate financial schemes.
But in Florida, you can be charged with felony fraud even if you never received — or even touched — a single dollar.
Under Florida’s fraud and communications laws, the attempt to obtain money or property through deception can be enough to trigger a felony charge. And because prosecutors don’t need proof of actual financial gain, these cases often surprise people who had no idea their actions could be considered a crime.
Here’s how it works — and why the stakes are so high.
Florida’s Fraud Laws Focus on Intent — Not the Outcome
Two specific laws make “no-money” felony charges possible:
- 1. Communications Fraud — Florida Statute § 817.034(4)(b)
This law criminalizes the attempt to obtain money or property by:
- Text message
- Phone call
- Social media
- Online ads
- Any electronic or written communication
Even if nothing was obtained, the attempt alone can be a third-degree felony if the value involved is $300 or more.
- 2. Scheme to Defraud — Florida Statute § 817.034(4)(a)
This law targets patterns of deception, not just transactions. A person can be charged with felony “organized fraud” if the prosecution believes they:
- Intended to deceive
- Intended to obtain something of value
- Engaged in multiple acts or communications
…even if the scheme produced zero dollars in actual gain. This is where most people get caught off guard.
Real-Life Situations That Can Lead to Felony Fraud Charges (Even with No Money Taken)
- 1. Sending a message that appears to offer something falsely
Examples:
- Advertising a product you don’t actually have
- Posting an offer on Facebook Marketplace with incorrect details
- Emailing someone about a service you can’t truly provide
- 2. Pretending to be someone else online
This includes situations like:
- Using someone else’s business name
- Impersonating a seller or buyer
- Creating a fake profile to inquire about money or goods
- 3. Misunderstandings during online bartering or sales
Someone posts:
“I’ll pay Friday — I get the item today.”
Seller says no.
Buyer pushes further.
If the seller reports it and prosecutors believe you were trying to obtain property by misrepresentation?
Felony communications fraud can be charged.
- 4. Sending misleading messages during financial disputes
Even common behavior like:
“I’ll pay you if you give me this first…”
“…but I wasn’t actually going to pay,”
can be interpreted as deception intended to obtain property.
In other words, a text message during a disagreement can escalate into a felony case.
- 5. Multiple “attempts” = Felony Organized Fraud
You don’t need a sophisticated plan.
You don’t need a criminal history.
You don’t need to commit theft.
You only need to communicate more than once in a way prosecutors view as part of an intentional pattern.
Value involved:
- Under $20,000 → up to 5 years
- $20,000–$50,000 → up to 15 years
- Over $50,000 → up to 30 years
Again — even if the plan never worked and no money changed hands.
Why These Charges Are So Serious
Fraud cases are different from property crimes because they affect your reputation, your career, and your future financial life, even beyond the criminal penalties.
A fraud conviction can lead to:
- Prison or jail time
- Thousands in fines
- Probation
- Restitution orders
- Loss of employment
- Difficulty obtaining housing
- Permanent loss of trust
And unlike many misdemeanors, fraud felonies are aggressively prosecuted because they involve “dishonesty,” which courts treat as a major red flag for future offenses.
Common Defenses in Fraud Cases
Not every communication involving money is criminal. Strong defenses may include:
- Lack of intent (misunderstanding, not deception)
- No actual misrepresentation
- No pattern of behavior (single incident)
- Mistaken identity or hacked accounts
- Incomplete or unreliable digital evidence
- Law enforcement overreach
- Entrapment
These cases often depend on the interpretation of digital messages — and context matters.
How Rush & Frisco Law Protects Clients in Fraud Investigations
Our job is to:
- Challenge the prosecution’s assumptions
- Analyze digital evidence
- Demonstrate legitimate explanations for communication patterns
- Prevent charges when possible
- Protect your rights under Florida law
Fraud charges can escalate quickly, especially when digital evidence is involved. Early legal representation is critical.
Facing Fraud Allegations? Don’t Wait.
If you’ve been accused of fraud — even if nothing was taken — you need experienced legal guidance before speaking to investigators or responding to accusations.