The Commonwealth of Virginia state has many criminal laws related to debit and credit card fraud Virginia. They typically fall into three broad categories, viz. credit card theft, credit card forgery, and credit card fraud.
Credit Card Theft
In the state of Virginia, it is illegal to take or use someone’s credit card or the card’s details without getting prior permission from the card owner. In this case, one must also have the intention to either utilize or sell it. Additionally, purchasing or selling cards or card details without cardholder’s authorization is also regarded as credit card theft in Virginia. Thus, to secure a legitimate conviction for credit card theft under credit card fraud Virginia laws, the court have to prove beyond a reasonable doubt that:
- the defendant took a credit card or its details from another individual,
- such taking was without any consent or authorization of the cardholder, and
- the taking was with the utter intention to either utilize or sell it
Consequently, mere possession of a stolen or lost credit card cannot be seen as an offense. However, the holding of multiple credit cards or credit card details of another individual without the prior imperative consent of the card owner results in prima facie evidence of a violation of such statute.
That is why under Virginia Criminal Code § 18.2-192 an individual found guilty of such crime is lawfully subject to one to twenty years of severe imprisonment in Virginia’s state correctional institute, the monetary fine of up to $2,500, and/or confinement in jail for a maximum of twelve months.
Credit Card Forgery
Under credit card fraud Virginia laws, there are three components to credit card forgery. The state, specifically, has to prove that:
- the defendant purchased something of monetary value from a merchant with the help of the credit card;
- the defendant was neither the card owner nor the individual authorized by the cardholder to utilize the credit card; and
- the defendant willful intent to defraud the issuer.
Virginia Criminal Code § 18.2-193 specifies that the punishment for credit card forgery as follows:
- one to twenty years of severe imprisonment in Virginia’s state correctional institute,
- the fine of up to $2,500, and/or
- confinement in jail for a maximum of twelve months.
Credit Card Fraud
Under credit card fraud Virginia laws, the state has to prove to secure a conviction for fraud related to a credit card that:
- the defendant took a credit card or its details from another individual;
- such taking was made with the utter intention to utilize, transfer or sell it to another individual other than the cardholder or the issuer;
- the defendant utilized the credit card or its details to purchase something of monetary value; and
- the defendant had the willful intent to defraud.
Under credit card fraud Virginia laws, when the monetary value of everything acquired by the defendant exceeded $200 within a 6-month period, the offense are said to be a Class 6 felony which is punishable by:
- one to five years imprisonment in Virginia state correctional institution, or as per jury’s discretion or the discretion of the court when trying to determine the case without a jury,
- a monetary fine not more than $2,500, and/or
- Confinement in jail for up to twelve months.
Otherwise, the offense is said to be a misdemeanor to be punishable by up to $2,500 and/or twelve months in jail.
If you need the help of a credit card fraud lawyer in VA with this type of a case in Fairfax, City of Fairfax, Prince William (Manassas), Fauquier (Warrenton), Loudoun (Leesburg), Caroline, Stafford, Spotsylvania, Chesterfield, Henrico, Arlington, Richmond, Alexandria, Warren (Front Royal), Clarke, Shenandoah, King George, Charles City, Frederick, Fredericksburg, Gloucester, Hanover, Hopewell, James City, King & Queen, King William, New Kent, Newport News, Petersburg, Prince George, Rappahannock or York, call our law firm immediately for help and speak to a lawyer about your options. B