What To Do if Accused of Credit Card Fraud in Virginia

 Posted on November 04, 2026 in Criminal Defense

If you are accused of credit card fraud in Virginia, preserve relevant records and speak with an attorney before answering investigators' questions. Your statements can affect how police interpret the evidence. Early legal guidance can prevent misunderstandings from becoming damaging admissions. If you face allegations in 2026, a Loudoun County, VA criminal defense lawyer can help protect your rights.

What Does Virginia Law Consider Credit Card Fraud?

Under Virginia Code § 18.2-195, credit card fraud requires an intent to defraud. The law covers using a stolen, improperly retained, expired, or revoked credit card or card number to obtain money, goods, or services. It also covers pretending to be a cardholder without permission or claiming an account exists when it does not.

Merchants can face charges for dishonest transactions, including billing for goods never provided. The statute also covers certain improper cash advances.

Credit card theft is a separate offense treated as grand larceny, even if the card has little value. Credit card forgery is a separate Class 5 felony. Virginia expanded these laws in 2026 to cover certain forms of gift card theft, forgery, and fraud.

When Does Credit Card Fraud Become a Felony in Virginia?

Credit card fraud involving less than $1,000 during a six-month period is a Class 1 misdemeanor. The maximum punishment is 12 months in jail and a $2,500 fine.

If the total reaches $1,000 within six months, the charge becomes a Class 6 felony. This carries one to five years in prison or, at the court's or jury's discretion, up to 12 months in jail and a $2,500 fine.

Multiple purchases can count toward the threshold. Conspiracy to commit credit card fraud is also a Class 6 felony, regardless of the transaction amount.

How Do Police Investigate Credit Card Fraud in Virginia?

Investigations often start when a cardholder reports unfamiliar charges. Banks and merchants may provide transaction records, video footage, and shipping information.

Investigators can also examine online activity and ask who used the card or account. An address or internet connection linked to a transaction does not necessarily prove who made it.

Police may contact a suspect early or after collecting substantial evidence. You can request legal advice before answering questions about suspected criminal activity.

What Defenses Can Apply to Credit Card Fraud Charges?

Prosecutors must prove intent to defraud and every other element of the charge beyond a reasonable doubt. When spouses, relatives, roommates, or former partners share a credit card, questions about permission can become important. A disagreement over when authorization ended does not automatically establish fraud.

Messages, purchase histories, and account records can help show what each person understood about using the card. A disputed charge alone does not prove who made or approved the purchase. Identity can also be questioned, especially when people share devices or addresses. A lawyer can review this evidence, along with police searches and statements, to identify possible defenses.

What Should You Do When Accused of Credit Card Fraud?

Several steps can help protect your position:

• Ask for legal advice before answering investigators' questions.

• Save receipts, statements, messages, and proof of permission.

• Do not delete messages or change transaction records.

• Record who had access to the card, account, or devices.

• Avoid confronting the cardholder about the allegations.

• Discuss any repayment offer with your attorney first.

If your own account has been compromised, contact your bank to protect it. Provide accurate information and avoid guessing. You can decline a voluntary device search, but do not interfere with a lawful search. An attorney can advise you about subpoenas and other requests.

Can Credit Card Fraud Charges Be Dismissed in Virginia?

The outcome of your case depends on the evidence, charge, and criminal history. Some investigations end without charges. Other cases result in dismissal, negotiated reductions, restitution, or a conviction. Repayment alone does not guarantee a dismissal. A conviction can also affect jobs involving financial responsibility, government work, or security clearances.

Schedule a Free Consultation With Our Fairfax County, VA Fraud Defense Attorney

Credit card fraud allegations can affect employment, finances, and your reputation. Attorney Bret Lee brings over 15 years of experience and has earned nearly 100 five-star reviews, along with recognition from the 10 Best American Institute of Criminal Law Attorneys. He offers a calm, confident, and reassuring approach. 

If you are accused of credit card fraud in 2026, contact Bret Lee Legal Solutions at 703-936-0580 to talk to our Loudoun County, VA criminal defense lawyer today. Evening and weekend appointments are available.