Larceny and theft charges can jeopardize your freedom, career, and future opportunities. You need a defense attorney who knows how to dismantle the prosecution’s case—not someone who pushes quick plea deals. With more than 31 years of courtroom experience, Attorney Sheryl Shane brings the trial skills, strategic insight, and relentless advocacy necessary to challenge evidence, protect your rights, and fight for the best possible outcome.
Fairfax and Northern Virginia Credit Card & Gift Card Theft Defense Attorney
Quick answer: In Virginia, credit card theft is charged under Code § 18.2-192 — and as of July 1, 2026 the statute was expanded to cover gift cards and gift card redemption information, and now classifies these thefts as grand larceny under § 18.2-95. That means credit card and gift card theft are felonies, separate from credit card fraud (§ 18.2-195), which is about using a card to obtain money or goods. These cases are built almost entirely on electronic evidence, and that evidence has to be examined, not assumed. Attorney Sheryl Shane brings more than 31 years of criminal defense experience to these cases across Northern Virginia and can review yours today at (703) 582-8119.
Charged With Credit Card or Gift Card Theft? Start Here
Card cases feel different from a shoplifting stop, and clients often arrive more frightened — because a card charge sounds like “fraud,” and because the evidence seems to be sitting on a screen somewhere already.
Here is the first thing worth understanding: in Virginia, “credit card theft” and “credit card fraud” are two different crimes, under two different statutes, and they are often charged together. Theft is about how a card — or a card number, or now a gift card — came into someone’s hands. Fraud is about using it. This page is about the theft side, § 18.2-192. If your case is about using a card to buy something, that is credit card fraud, and I cover it separately in my discussion of Virginia credit card fraud under § 18.2-195.
An arrest is not a conviction. Even when the Commonwealth points to transaction records, these charges have specific elements it must still prove — including intent — and the electronic evidence is often less airtight than it first appears.
What Virginia Law Actually Covers — Code § 18.2-192
Credit card theft under § 18.2-192 reaches several different situations, including taking, obtaining, or withholding a credit card or card number from someone without their consent with intent to use, sell, or transfer it; receiving a card you know was lost, mislaid, or delivered by mistake and keeping it with that same intent; and buying or selling a card from anyone other than the issuer.
Two things changed on July 1, 2026, and many older pages have not caught up:
- Gift cards are now covered. The statute now makes it a crime to acquire or retain possession of a gift card, or gift card redemption information, without the consent of the cardholder, issuer, or seller, with intent to defraud. Gift-card and gift-card-number cases are increasingly common, and they now fall squarely within this statute.
- It is grand larceny. Any violation of § 18.2-192 is now grand larceny, punishable under § 18.2-95 — a felony.
That felony classification is the single most important fact about a current § 18.2-192 charge, and it is why these cases should be taken seriously from the very first day.
How this differs from credit card fraud (§ 18.2-195)
Credit card fraud is a separate offense: using a card or card number, without authority and with intent to defraud, to obtain money, goods, or services. Its penalty turns on value aggregated over a six-month period — a Class 1 misdemeanor if less than $1,000, a Class 6 felony at $1,000 or more, with conspiracy a Class 6 felony on its own. Theft and fraud counts frequently appear together on the same warrant, and they have to be defended together. I address the fraud side in detail on my credit card fraud page. Related card offenses — such as credit card forgery (§ 18.2-193) and unauthorized possession of two or more signed cards (§ 18.2-194) — can also accompany these cases.
Why the Charge Gets Filed — and Where It Gets Weak
Card cases are built on data: point-of-sale records, transaction logs, timestamps, IP and device information, store surveillance synced to a register, and sometimes phone or account forensics. Prosecutors like these cases because the paper trail looks conclusive. But “there is a record” is not the same as “the Commonwealth has proven every element against this person beyond a reasonable doubt.”
The places these cases get weaker are often the same ones the initial report glosses over: whether the accused is actually the person who took or possessed the card, whether there was consent or a genuine belief of authorization, what the person intended at the moment of the taking, whether a card was truly “withheld” versus simply retained, and whether the electronic evidence has been correctly attributed and preserved. On the gift-card side, questions of consent and intent to defraud can be very fact-specific.
What You Are Facing
Because a § 18.2-192 violation is now grand larceny, the exposure is felony-level under § 18.2-95: a potential state prison term, or, in the discretion of the court or jury, up to twelve months in jail and a fine. A companion credit card fraud count adds its own exposure depending on the aggregated value.
The consequences outside the courtroom are just as serious. A felony grand-larceny conviction — and a theft or fraud offense generally — is treated as a crime involving moral turpitude, which speaks to honesty and can affect employment, professional licensing, and security clearances in a way an ordinary offense does not. For anyone who is not a U.S. citizen, these offenses can carry significant immigration consequences. All of this is why the early decisions matter so much.
How I Defend These Cases
Every case turns on its own facts, but the questions that tend to matter here include:
- Identity and attribution. Does the electronic evidence actually tie this person to the taking or possession, or does it merely show a transaction?
- Consent and authorization. Was there permission, a shared account, or a genuine, good-faith belief of authority? That can negate the intent the statute requires.
- Intent at the right moment. Theft turns on intent to use, sell, or transfer — or, for gift cards, intent to defraud — at the time of the taking, not merely on later events.
- The integrity of the evidence. Transaction records, timestamps, and device data have to be properly obtained, preserved, and interpreted. How that evidence was gathered can matter as much as what it appears to show.
- Aggregation and counts. When theft and fraud counts are stacked, or transactions are aggregated to reach a felony threshold, the way the charges are grouped is worth close scrutiny.
I cannot promise an outcome, and I never will. What I can do is take the case apart, element by element, and defend the theft and any fraud counts together, the way they will actually be tried.
Why It Matters Who Handles Your Case
When you hire my office, you work directly with me. I review the evidence — including the electronic records these cases depend on — meet with you, and handle the matter from the first conversation through its conclusion. After more than 31 years of criminal defense, I know how card cases tend to move and how the theft and fraud pieces fit together.
Frequently Asked Questions
Is credit card theft a felony in Virginia?
Yes. As of July 1, 2026, Virginia Code § 18.2-192 classifies credit card theft — and now gift card theft — as grand larceny, punishable under § 18.2-95 as a felony. Older articles that describe it as a lesser offense have not caught up to the current statute.
What is the difference between credit card theft and credit card fraud?
Theft (§ 18.2-192) is about how a card, card number, or gift card was taken, received, or transferred without authority. Fraud (§ 18.2-195) is about using a card to obtain money, goods, or services with intent to defraud. They are separate statutes and are frequently charged together. The fraud side is covered on my credit card fraud page.
Does the law now cover gift cards?
Yes. Effective July 1, 2026, § 18.2-192 was expanded to cover gift cards and gift card redemption information — acquiring or retaining them without the consent of the cardholder, issuer, or seller, with intent to defraud.
The case is based on transaction records. Is that enough to convict?
Not by itself. Electronic records may show that a transaction occurred, but the Commonwealth still has to prove that this person committed the offense and acted with the required intent, beyond a reasonable doubt. How the data was gathered, preserved, and attributed is often where these cases are won or lost.
Will a conviction affect my job, clearance, or immigration status?
It can. A grand-larceny conviction is a felony and, like theft and fraud offenses generally, is treated as a crime involving moral turpitude — which can affect employment, professional licensing, security clearances, and immigration status. These concerns should be discussed early, before any plea.
Talk to Me About Your Case
If you have been charged with credit card or gift card theft (Virginia Code § 18.2-192), credit card fraud (§ 18.2-195), or a related card offense — whether on its own or alongside another charge — you do not have to sort it out alone.
Card cases move on electronic evidence that is best reviewed early, while it can still be obtained and preserved, and the earliest decisions often carry the most weight. If you would like to discuss your situation, I invite you to contact my office for a confidential consultation. For how these cases fit alongside other theft charges, you can also read my overview of petit larceny and theft defense.
This page is part of the broader cluster: for the full picture, see my theft and larceny defense overview.
About the Attorney: Sheryl Shane
Sheryl Shane is the founder of Virginia Criminal Attorney, a Fairfax criminal defense attorney who has practiced law since 1994 and has run a boutique, sole-practitioner practice in Fairfax since 2000. She earned her B.A. from Ohio University and her J.D. from Thomas M. Cooley Law School in Michigan, was licensed to practice law in Ohio in 1994 and has been licensed in Virginia since 2000, and is a member of the Fairfax Bar Association and the Arlington County Bar Association. A former arbitration judge in Ohio and a court-appointed Guardian ad Litem in Virginia, she personally handles every case she takes — from the first consultation through final resolution — and her office sits just minutes from the Fairfax County Courthouse.
This page was written and reviewed by Attorney Sheryl Shane and reflects Virginia law current through the 2026 Regular Session, including the July 1, 2026 amendment to § 18.2-192. This is attorney advertising; past results do not guarantee a similar outcome in any future case.
Contact Sheryl Shane
Sheryl Shane
Northern Virginia Credit Card & Gift Card Theft Defense Attorney
Virginia Criminal Attorney
Office Address
4015 Chain Bridge Road
Fairfax, VA 22030
Phone
Serving clients throughout Fairfax County, Arlington County, Loudoun County, Prince William County, Alexandria, and Northern Virginia.
This page provides general information about Virginia law and is not legal advice for any specific situation. Reading it, or contacting Virginia Criminal Attorney through this website, does not create an attorney-client relationship, and information sent before a formal engagement is established may not be treated as privileged or confidential.