The Commonwealth of Virginia has several credit debit card fraud laws and penalty in Virginia for such crimes typically fall into three categories, viz.
- Credit card forgery;
- Credit card fraud; and
- Credit card theft.
Credit Card Forgery §18.2-193
Credit card forgery typically happens when an individual performs any of the following activities with the intention and object to defraud:
- Altering an otherwise valid credit card
- Making a fake credit card
- Signing the back of someone else’s credit card
- Creating a false or forged sales draft, advance draft, or withdrawal draft
As per credit debit card fraud laws, credit card forgery is a Class 5 felony charge, which is punishable by jail time, monetary penalties, as well as several other consequences.
Credit Card Fraud §18.2-195. et. seq.
Credit card fraud is quite different than the above-explained credit card forgery since several forms of credit card fraud usually demand that the accused defendant actually gets some services or goods. Such crime can simply be the attempt of utilizing a stolen credit card. For instance, an individual is said to be guilty of credit card fraud when he or she makes the intention of defrauding any individual and executes the following:
- Falsely claims to be the real owner of a credit number or card and successfully obtains something of value
- Uses an expired or revoked credit card in an attempt to obtain something of potential value
- Successfully uses a false number or false card in order to obtain something of value
- Uses your card to intentionally receive more monetary assets than the draft amount or your credit limit allows
According to credit debit card fraud laws, credit card fraud is penalized as class 1 misdemeanor when the fraud is below $200 in a period of six months; alternatively, it would be class 6 felony.
Credit Card Theft §18.2-192
In the Commonwealth of Virginia, credit card theft is illegal simply to take someone’s credit card or even credit card details without obtaining their prior permission. You also should have the intention to either sell or utilize it. Purchasing or selling cards or card details, like numbers without required authorization is also known as credit card theft in Virginia.
The prosecutor has to prove that the card itself or the card number was wrongfully obtained from its legal, rightful owner or that it was obtained with the awareness and knowledge that it had been received with the objective or intention to either utilize, transfer, or sell it. However, holding of more than one credit cards or credit card details of another individual without the cardholder’s primary approval or consent might serve as lawfully sufficient proof or evidence that you disobeyed or violated this law. As per credit debit card fraud laws, credit card theft is grand larceny and penalized with up to twelve months in jail as well as significant monetary fines and severe restitution.
Since credit debit card fraud laws are quite severe, if you are accused of credit or debit card frauds, then you must retain a reliable, well-versed defense lawyer as soon as possible to protect your rights and get an optimistic outcome in your favor.
Credit Debit Card Fraud Laws and Penalty in Virginia – call us at 888-437-7747.