is a very wide-ranging term in the state of Virginia. This term deals with both the theft of credit card information and the fraud used to obtain that information. There are two major ways credit cards get stolen. The first is when an offender steals the credit card straight out of a person’s wallet or pocket and uses it. There are more professional ways credit card theft can occur. Ways such as obtaining credit card numbers by using a skimming device or other electronic means. The electronic way of theft is becoming more common nowadays since the theft of a physical card has become very risky.
A person is guilty of credit card fraud when, with the intention to defraud any person, he/she:
- Uses for the purpose of obtaining money, goods, or anything else of value a credit card obtained or retained or a credit card which he knows is expired or revoked;
- Acquires money, goods, or anything else of value by representing;
- without the approval of the card owner that he/she is the holder of a specified card or credit card number;
- that he is the owner of a card or credit card number and such card or credit card number has not in fact been issued;
- Acquires control over a credit card as security for a debt;
- Acquires money by use of an unmanned device or through a person other than the issuer when he/she knows that such advance will exceed his/her available credit with the issuer and any balances held by the issuer.
Skimming is a modern method of theft that is happening more often, especially in the state of Virginia. Skimming is the use of a swiping device in which a person can swipe a credit card and that device steals the card and card holder’s information straight away. Skimming is under the definition of credit card fraud in Virginia.
Credit Card Forgery
Credit card forgery occurs when a person commits any of the following acts with the intent to defraud:
- Making a fake credit card;
- Signing the back of another person’s credit card;
- Altering a valid credit card;
- Creating a forged sales draft, withdrawal draft, or advance draft.
Credit card fraud in the state of Virginia is considered to be a class six felony if the amount of money is above $200 within a six-month time period. If the value of the loss is not above $200 it is considered to be a class one misdemeanor. A class six felony is penalized by one to five years in prison. A class one misdemeanor is penalized by up to one year in jail.
The intention of the offender is everything in cases about fraud. Fraud can’t be considered as fraud without the intent to defraud in Virginia. The intention of the offender is very important. Lawyers always look for the offender’s intent first. After that, they look at the physical evidence relevant to the case. Every case is different from another and it is dealt with on a case by case basis.
If you need a Virginia Credit Card Fraud Lawyer to help you with your Credit Card Fraud case in Virginia, call us at 888-437-7747. Our Virginia Credit Card Fraud Attorneys can help you. C