Credit Card Fraud in Virginia
A person can commit the crime of credit card fraud in several ways in our commonwealth. The offense can be committed through the use of a physical credit card or credit card number.
Virginia Code §18.2-192 provides that an individual is guilty of credit card theft for doing any of the following:
- Stolen credit card or number. Credit card fraud can be committed if a person uses a credit card obtained through credit card theft to make a purchase or get money.
- Revoked or expired credit card or number. It is a criminal offense for a person to knowingly use a revoked or expired credit card or credit card number to make purchases or obtain money.
- Misrepresentation as owner. If an individual represents themselves as the owner of the credit card or credit card number without the cardholder’s consent to make a purchase or get cash, they can be charged with credit card fraud.
- Debt collateral. It is considered credit card fraud to use a credit card as security for a debt in Virginia.
- Credit card limit. A person can be convicted of credit card fraud if they use a credit card or credit card number to obtain a cash advance that they know will exceed the credit card limit.
Individuals who accept credit card payments for goods, services, or cash advances can also be found guilty of credit card fraud if they do any of the following:
- Provides goods, services, or cash advances charged on a credit card or credit card number that they know has been revoked or has expired
- Charges the credit card holder without providing the goods, services, or cash advances
- Charges more than the cardholder authorized on the cardholder’s credit card
Penalties for Credit Card Fraud in Virginia
Credit card fraud can be charged as a misdemeanor or felony in Virginia, depending on the value of the fraud. Here are the penalties for a misdemeanor or felony:
- Class 1 misdemeanor. If the value of the fraud is less than $1,000 within a six-month period, credit card fraud would be charged as a Class 1 misdemeanor. The penalties can include up to 12 months in jail and a fine of up to $2,500.
- Class 6 felony. Credit card fraud is a Class 6 felony when the value of the credit card fraud is $1,000 or more within a six-month period. If convicted, a person could be sentenced to up to five years in prison and a fine not to exceed $2,500. However, the judge or jury can reduce the punishment to up to 12 months in jail and a fine of up to $2,500.
Have you been charged with credit card fraud in Virginia? Call our Manassas office at 888-DUI-LWYR or fill out our convenient online form to schedule your free initial consultation today to learn how we can defend you.