Virginia criminal charge
Credit card or gift card fraud in Virginia
Credit card or gift card fraud is a criminal offense under Virginia law, defined by Va. Code Ann. § 18.2-195. Its classification is not fixed: Virginia assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by Va. Code Ann. § 18.2-195.
What is the penalty for credit card or gift card fraud in Virginia?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 12 months (Credit card or gift card fraud - misdemeanor threshold — The value of money, goods, services, or other things of value furnished or misrepresented in violation of this section is less than $1,000 in any six-month period.) | discretionary | Va. Code Ann. § 18.2-11 |
| Fine | up to $2,500 (Credit card or gift card fraud - misdemeanor threshold — The value of money, goods, services, or other things of value furnished or misrepresented in violation of this section is less than $1,000 in any six-month period.; either or both with confinement (§ 18.2-11(a))) | discretionary | Va. Code Ann. § 18.2-11 |
| Jail / prison | 1 years to 5 years (Credit card or gift card fraud - felony threshold — The value of money, goods, services, or other things of value furnished or misrepresented in violation of this section is $1,000 or more in any six-month period.; or, at the discretion of the jury or the court trying the case without a jury, confinement in jail for not more than 12 months and a fine of not more than $2,500, either or both (§ 18.2-10(f))) | discretionary | Va. Code Ann. § 18.2-10 |
| Fine | up to $2,500 (Credit card or gift card fraud - felony threshold — The value of money, goods, services, or other things of value furnished or misrepresented in violation of this section is $1,000 or more in any six-month period.; with the jail-confinement alternative under § 18.2-10(f)) | discretionary | Va. Code Ann. § 18.2-10 |
| Jail / prison | 1 years to 5 years (Conspiracy to commit credit card or gift card fraud — A person conspires, confederates, or combines with another to commit credit card or gift card fraud within or involving the Commonwealth.; or, at the discretion of the jury or the court trying the case without a jury, confinement in jail for not more than 12 months and a fine of not more than $2,500, either or both (§ 18.2-10(f))) | discretionary | Va. Code Ann. § 18.2-10 |
| Fine | up to $2,500 (Conspiracy to commit credit card or gift card fraud — A person conspires, confederates, or combines with another to commit credit card or gift card fraud within or involving the Commonwealth.; with the jail-confinement alternative under § 18.2-10(f)) | discretionary | Va. Code Ann. § 18.2-10 |
Applies to current.
How is credit card or gift card fraud classified in Virginia?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Credit card or gift card fraud - misdemeanor threshold | class 1 misdemeanor | The value of money, goods, services, or other things of value furnished or misrepresented in violation of this section is less than $1,000 in any six-month period. | Va. Code Ann. § 18.2-195D |
| Credit card or gift card fraud - felony threshold | class 6 felony | The value of money, goods, services, or other things of value furnished or misrepresented in violation of this section is $1,000 or more in any six-month period. | Va. Code Ann. § 18.2-195D |
| Conspiracy to commit credit card or gift card fraud | class 6 felony | A person conspires, confederates, or combines with another to commit credit card or gift card fraud within or involving the Commonwealth. | Va. Code Ann. § 18.2-195E |
Common questions about credit card or gift card fraud in Virginia
Is credit card or gift card fraud a felony or a misdemeanor in Virginia?
It depends on the circumstances: credit card or gift card fraud ranges from a class 1 misdemeanor to a class 6 felony in Virginia under Va. Code Ann. § 18.2-195.
Credit card or gift card fraud - misdemeanor threshold: class 1 misdemeanor (Va. Code Ann. § 18.2-195D) · Credit card or gift card fraud - felony threshold: class 6 felony (Va. Code Ann. § 18.2-195D) · Conspiracy to commit credit card or gift card fraud: class 6 felony (Va. Code Ann. § 18.2-195E)
What are the penalties for credit card or gift card fraud in Virginia?
Which Virginia statute covers credit card or gift card fraud?
Credit card or gift card fraud is governed by Va. Code Ann. § 18.2-195 (Credit card or gift card fraud; conspiracy; penalties).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.