Virginia Credit Card Fraud and Credit Card Theft Charges
Alex Gordon and Carlos Wall, the criminal defense lawyers at The Gordon Law Firm, have over 35 years of combined legal experience and have helped hundreds of clients charged with Credit Card Theft, Credit Card Fraud, and Credit Card Forgery in Fairfax County, Loudoun County, and Prince William County.
We know how serious the impact of a conviction for credit card fraud or credit card theft can be on your record, career, and your freedom. That is why we are dedicated to offering caring, experienced, and effective legal representation.
If you or a loved one has been charged with any credit card offenses in Fairfax County, Loudoun County, or Prince William County, you can call us during business hours at (703) 218-8416, text us at (703) 591-6682, or email us any time at thegordonlawfirm@gmail.com for an absolutely free and confidential consultation.
We will try our best to provide you with peace of mind by thoroughly reviewing the facts of your case and discussing the best course of action for a positive outcome from your case.
What is the law regarding Credit Card Theft and Fraud in Virginia?
The law regarding credit card theft and credit card fraud can be quite complicated in Virginia, due to the nature of the crime, the different types of credit card fraud and factors surrounding the crime. Because of the way the Virginia statutes are written, the simple act of obtaining a credit card number, and using that credit card to make unauthorized purchases can lead to being charged with three separate criminal offenses. Depending upon the value of the items charged on a credit card, the matter can be a felony or misdemeanor.
Credit card fraud and debit card theft punishments can be very difficult to predict and vary greatly depending on the history of the offender, quantity and amount of fraud incidents, and more. However, these are the sentencing guidelines for each type of fraudulent transaction charge:
Punishments for Credit Card Fraud in Virginia
Misdemeanor Credit Card Fraud
Credit card fraud with a total value less than $500.00 in a 6-month period is a criminal charge and is considered a Class One misdemeanor in Virginia. That means that if you are convicted with credit card fraud, you may face up to 12 months in jail and fines of up to $2500. Additionally, if you are convicted of a misdemeanor, it may result in a permanent record that can make it difficult to find employment, apply to educational institutions, and more.
Felony Credit Card Fraud
Credit card fraud with a total value more than $500.00 in a 6-month period is a serious criminal charge and is considered a Class 6 felony in Virginia. That means that if you are convicted with felony credit card fraud, you may face anywhere from 1 to 5 years in prison, up to 12 months in jail and/or fines of up to $2500. Additionally, if you are convicted of a felony, it will result in a permanent criminal record that can make it difficult to find employment, apply to educational institutions, and can eliminate your ability to vote or possess a firearm.
Punishments for Credit Card Theft in Virginia
Credit card theft is considered larceny under Virginia law. That means that if you are convicted with credit card larceny or theft, you may face anywhere from 1 to 20 years in prison, up to 12 months in jail and/or fines of up to $2500. Additionally, if you are convicted of a felony, it will result in a permanent criminal record.
Punishments for Credit Card Forgery in Virginia
Credit card forgery is considered as a Class 5 felony in Virginia. That means that if you are convicted with credit card forgery, you may face anywhere from 1 to 10 years in prison, up to 12 months in jail, and fines of up to $2500. Additionally, if you are convicted of a felony, it will result in a permanent criminal record that cannot be expunged.
What to do if you have been charged with Credit Card Theft or Fraud in Virginia?
If you have been charged with credit card theft, fraud, or forgery, you should call the experienced criminal defense lawyers at The Gordon Law Firm for a free consultation. We are experienced attorneys and can give you valuable information about your charges to help you get a desirable outcome from your case.
Credit card fraud defense is not something that is the same for every client; depending on your history and the types of crimes committed, as well as the evidence the state has against you, each case can be very different and requires a custom defense strategy. That is why it is important to speak with a qualified and experienced attorney.
For someone facing Credit Card theft, fraud, or forgery charges, navigating the legal system can be confusing, stressful, and very difficult to do alone. It is important to remember, however, that just because you have been charged with credit card offenses does not necessarily mean that you will be convicted. You are innocent until proven guilty, and the prosecutor is responsible for the burden of proof beyond a reasonable doubt that you are guilty. Alex Gordon and Carlos Wall will analyze the facts of the case and prepare a solid defense that will either result in the case being dismissed or reduced to a lower charge.
If you or a loved one has been charged with Credit Card theft or fraud in Fairfax, Loudoun, or Prince William County Virginia, The Gordon Law Firm may be able to help. Please feel free to reach out to us for a free and confidential consultation. Alex Gordon and Carlos Wall, the criminal defense Attorneys at The Gordon Law Firm, have over 30 years combined experience helping people in northern Virginia with criminal and traffic defense. We will review the facts of your case and give you peace of mind by keeping you informed throughout the process and developing a strategy to represent you in court and ensure the best possible outcome from your charges. We are dedicated to offering experienced, caring, and effective legal representation.
What typical credit card offenses?
Virginia code includes three different provisions addressing the different categories of frauds and credit card related crimes: Credit Card Theft (§ 18.2-192), Credit Card Fraud (§ 18.2-195), and Credit Card Forgery (§ 18.2-193).
Credit Card Theft is, essentially, when someone misappropriates a credit card or credit card number. The specific definition is:
§ 18.2-192. Credit card theft.
(1) A person is guilty of credit card or credit card number theft when:
(a) He takes, obtains or withholds a credit card or credit card number from the person, possession, custody or control of another without the cardholder's consent or who, with knowledge that it has been so taken, obtained or withheld, receives the credit card or credit card number with intent to use it or sell it, or to transfer it to a person other than the issuer or the cardholder; or
(b) He receives a credit card or credit card number that he knows to have been lost, mislaid, or delivered under a mistake as to the identity or address of the cardholder, and who retains possession with intent to use, to sell or to transfer the credit card or credit card number to a person other than the issuer or the cardholder; or
(c) He, not being the issuer, sells a credit card or credit card number or buys a credit card or credit card number from a person other than the issuer; or
(d) He, not being the issuer, during any twelve-month period, receives credit cards or credit card numbers issued in the names of two or more persons which he has reason to know were taken or retained under circumstances which constitute a violation of § 18.2-194 and subdivision (1) (c) of this section.
(2) Credit card or credit card number theft is grand larceny and is punishable as provided in § 18.2-95.
Code 1950, § 18.1-125.3; 1968, c. 480; 1975, cc. 14, 15; 1976, c. 318; 1985, c. 266.
Credit Card Fraud is, essentially, using that number or information to obtain money, goods or services. It is defined specifically as:
§ 18.2-195. Credit card fraud
(1) A person is guilty of credit card fraud when, with intent to defraud any person, he:
(a) Uses for the purpose of obtaining money, goods, services or anything else of value a credit card or credit card number obtained or retained in violation of § 18.2-192 or a credit card or credit card number which he knows is expired or revoked;
(b) Obtains money, goods, services or anything else of value by representing (i) without the consent of the cardholder that he is the holder of a specified card or credit card number or (ii) that he is the holder of a card or credit card number and such card or credit card number has not in fact been issued;
(c) Obtains control over a credit card or credit card number as security for debt; or
(d) Obtains money from an issuer by use of an unmanned device of the issuer or through a person other than the issuer when he knows that such advance will exceed his available credit with the issuer and any available balances held by the issuer.
(2) A person who is authorized by an issuer to furnish money, goods, services or anything else of value upon presentation of a credit card or credit card number by the cardholder, or any agent or employee of such person, is guilty of a credit card fraud when, with intent to defraud the issuer or the cardholder, he:
(a) Furnishes money, goods, services or anything else of value upon presentation of a credit card or credit card number obtained or retained in violation of § 18.2-192, or a credit card or credit card number which he knows is expired or revoked;
(b) Fails to furnish money, goods, services or anything else of value which he represents or causes to be represented in writing or by any other means to the issuer that he has furnished; or
(c) Remits to an issuer or acquirer a record of a credit card or credit card number transaction which is in excess of the monetary amount authorized by the cardholder.
(3) Conviction of credit card fraud is punishable as a Class 1 misdemeanor if the value of all money, goods, services and other things of value furnished in violation of this section, or if the difference between the value of all money, goods, services and anything else of value actually furnished and the value represented to the issuer to have been furnished in violation of this section, is less than $500 in any six-month period; conviction of credit card fraud is punishable as a Class 6 felony if such value is $500 or more in any six-month period.
(4) Any person who conspires, confederates or combines with another, (i) either within or without the Commonwealth to commit credit card fraud within the Commonwealth or (ii) within the Commonwealth to commit credit card fraud within or without the Commonwealth, is guilty of a Class 6 felony.
Code 1950, § 18.1-125.6; 1968, c. 480; 1975, cc. 14, 15; 1978, c. 364; 1980, c. 99; 1981, c. 197; 1985, c. 266; 1991, c. 546; 2018, cc. 764, 765.
Credit Card Forgery is, essentially, signing, embossing, or presenting the false credit card. Credit Card Forgery is defined specifically as:
§ 18.2-193. Credit card forgery.
(1) A person is guilty of credit card forgery when:
(a) With intent to defraud a purported issuer, a person or organization providing money, goods, services or anything else of value, or any other person, he falsely makes or falsely embosses a purported credit card or utters such a credit card; or
(b) He, not being the cardholder or a person authorized by him, with intent to defraud the issuer, or a person or organization providing money, goods, services or anything else of value, or any other person, signs a credit card; or
(c) He, not being the cardholder or a person authorized by him, with intent to defraud the issuer, or a person or organization providing money, goods, services or anything else of value, or any other person, forges a sales draft or cash advance/withdrawal draft, or uses a credit card number of a card of which he is not the cardholder, or utters, or attempts to employ as true, such forged draft knowing it to be forged.
(2) A person falsely makes a credit card when he makes or draws, in whole or in part, a device or instrument which purports to be the credit card of a named issuer but which is not such a credit card because the issuer did not authorize the making or drawing, or alters a credit card which was validly issued.
(3) A person falsely embosses a credit card when, without the authorization of the named issuer, he completes a credit card by adding any of the matter, other than the signature of the cardholder, which an issuer requires to appear on the credit card before it can be used by a cardholder. Conviction of credit card forgery shall be punishable as a Class 5 felony.
Code 1950, § 18.1-125.4; 1968, c. 480; 1975, cc. 14, 15; 1980, c. 99; 1985, c. 266.