Virginia Credit Card Fraud Lawyer
A conviction of a credit card-related crime will result in fines, possible jail time, as a Virginia credit card fraud lawyer, I can fight your case in court and protect your legal rights.
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What is Credit Card Fraud in Virginia?
Credit card fraud is defined in Virginia under Virginia law section §18.2-195, as defined when someone, with the intent to defraud, uses an expired or revoked credit card, pretends to be the true cardholder, claims to own a credit card that has not been issued, obtains a credit card as security for a debt, or uses a credit card to obtain the money that they know will exceed the credit limit.
- 18.2-195 also defines it as credit card fraud for a seller to give goods or services in exchange for a credit card that they know is expired or revoked. Additionally, it is credit card fraud for sellers to defraud others by not providing the goods or services paid for with a credit card.
- Lastly, sellers commit credit card fraud by charging more than the cardholder authorized.
Virginia also criminalized conspiracy to commit credit card fraud.
§18.2-195 defines conspiracy to commit credit card fraud as working with others to commit credit card fraud.
Virginia can prosecute you for conspiracy to commit credit card fraud if you conspire in Virginia, or if the victim is in Virginia.
Penalties of Credit Card Fraud in Virginia
Virginia charges credit card fraud as a class 1 misdemeanor if the value acquired from the fraud is less than $1,000 over the course of six months.
When the value gained from the fraud is $1,000 or more, the charge becomes a class 6 felony.
Similarly, conspiracy to commit credit card fraud is a class 6 felony.
Class 1 misdemeanors are punishable with up to $2,500 in fines and up to a year in jail.
Class 6 felonies are also punishable with up to $2,500 in fines, but they carry one to five years in jail as well.
Other Credit Card Crimes
Credit card forgery is criminalized under §18.2-193.
Under this section of the law, a person is guilty of credit card forgery when they make a credit card for the purpose of fraud, sign a credit card to defraud someone, or when they draft a cash withdrawal using a fake credit card knowing it was fake for the purpose of fraud.
Additionally, credit card forgery occurs when a person makes a real credit card in someone else’s name.
Credit card theft is made illegal in §18.2-192. Credit card theft is considered grand larceny when the value obtained through the stolen credit card or credit card number is over $1,000.
A person is guilty of credit card theft when they obtain a credit card they know is someone else’s and do not have the owner’s consent.
Credit card theft also occurs when someone finds a lost or mislaid credit card and keeps it with the intent to use it.
Buying and selling the credit card of another is also credit card theft in Virginia.
Federal Credit Card Crimes
Federal credit card crimes are similar to state credit card crimes but are more focused on interstate commerce and foreign commerce.
Federal credit card fraud is far more harshly punished.
If convicted of federal credit card fraud, you could be facing up to $10,000 in fines and up to ten years in jail.
Defenses to Credit Card Fraud
Because both federal and state credit card fraud laws require the intent to steal from others or defraud others.
This means that if you accidentally use your friend’s credit card or mistakenly try to use an expired credit card, you most likely will not be convicted of credit card fraud.
If you have questions about whether you may have committed credit card fraud or not, contact the Virginia credit card fraud lawyers at American Lawyers Group now.
Why You Need A Virginia Credit Card Fraud Lawyer?
As explained above, credit card fraud and its related crimes carry serious consequences.
A conviction of a credit card crime will affect your future employment, ability to get loans, and your ability to get a security clearance.
Most directly, the convictions will result in harsh fines and potential jail time.
If you are facing Virginia credit card fraud charges at a state or federal level, contact the Virginia credit card fraud lawyers at American Lawyers Group today.