Virginia Credit Card Theft Lawyer — What Are Your Defense Options?
Credit card theft in Virginia is a serious property crime prosecuted under larceny statutes, carrying penalties from misdemeanor to felony charges. If you are accused, securing a Virginia credit card theft lawyer is critical. Law Offices Of SRIS, P.C. provides a strong defense, leveraging experience with Virginia’s court procedures to protect your rights and future.
Virginia Credit Card Theft Law and Penalties
Credit card theft in Virginia is not a standalone statute but is prosecuted under the Commonwealth’s larceny laws. The specific charge and severity depend on the value of the goods or services obtained and the method used. The core statute is Va. Code § 18.2-95 (Grand Larceny) and § 18.2-96 (Petit Larceny). Using a stolen credit card is considered obtaining money or property by false pretenses, which can also be charged as a larceny.
Last verified: April 2026 | Statewide — court varies by locality | Virginia General Assembly
The firm was founded in 1997 by former prosecutor Mr. Sris, whose background in accounting and information systems provides a distinct advantage in analyzing financial evidence in theft cases.
Official Legal Resources
For the official text of Virginia’s larceny statutes, refer to the Virginia General Assembly website. For local court procedures and forms, visit the Virginia Judicial System website.
Facing Credit Card Theft Charges in Virginia
The key local procedural fact for a statewide Virginia credit card theft lawyer is that jurisdiction and court procedures vary significantly by locality. An arrest in Fairfax County follows different timelines and local rules than one in Richmond or Virginia Beach. Prosecutors often pursue the highest applicable charge, making early intervention by a theft attorney essential.
- Initial Arrest & Magistrate Hearing: You will be taken before a magistrate who determines probable cause and sets bond conditions.
- General District Court Arraignment: Formal charges are read, and you enter a plea. A preliminary hearing for felonies may be set.
- Evidence Review & Motions: Your attorney obtains discovery from the prosecutor and files pre-trial motions to challenge evidence or procedural errors.
- Plea Negotiation or Trial: Most cases are resolved through negotiation. If no agreement is reached, a bench or jury trial is held in the appropriate court.
- Sentencing or Appeal: If convicted, sentencing follows. For misdemeanors, this occurs in GDC; for felonies, in Circuit Court. Appeals must be filed promptly.
In Virginia, credit card theft can be charged as a Class 6 felony (1-5 years in prison) if the value is $1,000 or more, or as a Class 1 misdemeanor (up to 12 months in jail) for values under $1,000. Multiple cards or prior convictions increase penalties.
| Offense | Classification | Incarceration | Fine | Additional Consequences |
|---|---|---|---|---|
| Petit Larceny (Value under $1,000) | Class 1 Misdemeanor | Up to 12 months | Up to $2,500 | Criminal record, restitution, difficulty obtaining employment/housing. |
| Grand Larceny (Value $1,000+) | Class 6 Felony | 1 to 5 years | Up to $2,500 | Felony record, loss of voting/firearm rights, mandatory restitution. |
| Grand Larceny (Value $5,000+) | Class 5 Felony | 1 to 10 years | Discretionary | Severe felony penalties, prolonged incarceration, significant restitution. |
Results may vary. Prior results do not aim for a similar outcome.
Why Choose Our Virginia Theft Defense Team
Law Offices Of SRIS, P.C. was founded in 1997. Our attorneys bring a combined 120+ years of legal experience to building defenses for clients accused of theft and property crimes. We have a documented track record of achieving favorable outcomes in complex cases.
Our firm-wide results across VA, MD, NJ, NY, and DC include 4,739+ documented case results with a 93%+ favorable outcome rate. Results may vary. Prior results do not aim for a similar outcome. For credit card theft defense, collaborating with an experienced property crime lawyer like Kristen Fisher, a former Maryland prosecutor, adds strategic depth to case analysis and negotiation.
Local Defense for Virginia Credit Card Theft Charges
Our Virginia locations are strategically situated to serve clients across the Commonwealth. We offer 24/7 phone consultations at (888) 437-7747. All meetings are by appointment only.
Law Offices Of SRIS, P.C.
4008 Williamsburg Court
Fairfax, VA 22032
Toll-Free: (888) 437-7747 | Local: (703) 636-5417
By appointment only.
Virginia Credit Card Theft Defense FAQs
Is using a found credit card considered theft in Virginia?
Yes. Using a credit card you know is lost or stolen to obtain goods, services, or cash constitutes credit card fraud/theft under Virginia law, regardless of whether you physically stole it.
Can a credit card theft charge be reduced to a misdemeanor?
It depends. A skilled Virginia credit card theft lawyer can often negotiate a reduction from a felony to a misdemeanor petit larceny charge, especially for first-time offenders or when the evidence has weaknesses. Factors like value and your history are critical.
What are the defenses to a credit card theft charge?
Common defenses include lack of intent to steal (you had permission), mistaken identity, insufficient evidence linking you to the fraudulent use, unlawful search and seizure of evidence, or challenging the valuation of the items obtained.
Should I speak to the police if I’m accused of credit card theft?
No. Politely decline to answer questions and immediately request to speak with a larceny defense lawyer. Anything you say can be used against you, and investigators are focused on building a case, not helping you.
What is the difference between theft and fraud in these cases?
In Virginia, the physical taking of the card may be charged as larceny (theft). Using the card to obtain value is typically charged as obtaining money by false pretenses (fraud). You can face multiple related charges from a single incident, making a property crime lawyer essential.
Can I get a credit card theft charge expunged in Virginia?
Expungement is possible only if the charge is dismissed, you are found not guilty, or under Virginia’s first offender statute for certain misdemeanors. A conviction for credit card theft, whether misdemeanor or felony, is generally not eligible for expungement.