Virginia Credit Card Fraud Under Code § 18.2-195: Where Using the Card Becomes the Felony

Quick answer: Credit card fraud under Virginia Code § 18.2-195 is the use offense — using a card or card number that was stolen, revoked, or obtained unlawfully to get money, goods, or services. Below $1,000 in any six-month period it is a Class 1 misdemeanor; at $1,000 or more within six months it becomes a Class 6 felony, punishable by one to five years — and since July 1, 2026, the statute reaches gift cards and gift card numbers the same way. Attorney Sheryl Shane brings more than 31 years of criminal defense experience to these cases across Northern Virginia. Call (703) 582-8119 for a free, confidential consultation.

A credit card case in Fairfax almost never arrives as one charge. It arrives as a stack: a count for how the card was obtained, counts for each time it was used, sometimes a forgery count for the signature or the tap, sometimes an identity count for the name attached. At the center of that stack sits § 18.2-195 — the use offense — because using the card is where the Commonwealth says the theft became the fraud. This page explains how that charge actually works, how the dollar math turns a misdemeanor into a felony, what changed in 2026, and where these prosecutions come apart.

The Two-Statute Structure: Taking the Card vs. Using the Card

Virginia splits card offenses into a pipeline, and understanding the split is the beginning of every defense. Code § 18.2-192 — credit card theft — covers obtaining the card or number: taking it, receiving it knowing it was taken, buying or selling it. I cover that offense in depth on my credit card and gift card theft page. Section 18.2-195 then covers using what § 18.2-192 describes: presenting a card or number that is stolen, expired, or revoked — or obtained in violation of the theft statute — to get something of value, or falsely representing yourself as the holder.

Prosecutors charge both ends of the pipeline in the same case, plus a use count for each transaction. That is why a single afternoon of purchases can produce a page-long indictment — and why the defense examines every count separately, because each one carries its own elements and its own proof problems.

The Dollar Math: How $1,000 Over Six Months Makes the Felony

The statute’s value threshold is not transaction-by-transaction. Uses are aggregated over any six-month period: below $1,000 total, the offense is a Class 1 misdemeanor, carrying up to twelve months in jail and a fine of up to $2,500, either or both; at $1,000 or more within six months, it is a Class 6 felony — one to five years, or at the discretion of the judge or jury, up to twelve months in jail and a fine of up to $2,500, either or both.

That aggregation rule cuts both ways, and after more than 31 years of criminal defense I can tell you the Commonwealth’s math deserves no deference. Which transactions actually fall inside the window? Which are actually proven to be this defendant, on this card, without authorization? Are returned items, reversed charges, and merchant errors inflating the total? I have watched felony card cases become misdemeanors because someone finally added the numbers honestly — and the person who does that adding should be your lawyer, not the detective.

New Since July 1, 2026: Gift Cards Are Now Inside the Statute

The General Assembly amended §§ 18.2-192 and 18.2-195 effective July 1, 2026 to reach gift cards and gift card numbers — the draining schemes, tampered racks, and redeemed-balance cases that used to be charged awkwardly under general larceny now sit squarely inside the card statutes, with the same aggregation math and felony threshold. Two practical consequences. First, conduct involving gift cards that predates July 1, 2026 must be charged under the law as it stood then — charging documents that blur the effective date are challengeable. Second, retail and gift card cases that were previously negotiated as simple larceny now arrive with card-fraud counts attached, which changes both the exposure and the collateral consequences. If your case involves gift cards, the date of the alleged conduct is one of the first things I will check.

The Charges That Travel With § 18.2-195

Because one transaction can violate several statutes, these cases arrive bundled, and each companion charge has its own page on this site: forgery and uttering where a signature or endorsement is involved; obtaining money by false pretenses under § 18.2-178 where the deception is broader than the card; identity fraud under § 18.2-186.3 where another person’s identifying information was used; and the theft counts under § 18.2-192. Professionals facing these stacks should also read my fraud defense overview, because the licensing, clearance, and employment consequences of a fraud conviction are frequently larger than the sentence. The bundling is a prosecution tactic — more counts, more leverage — but it is also a defense opportunity, because every added statute is another set of elements the Commonwealth must actually prove.

Where These Cases Come Apart

Authorization. The single most common honest defense in card cases is that use was permitted — the spouse’s card used for years, the parent’s number saved on the account, the ex who shared a card until the breakup and then called it theft. Authorization, and the reasonable belief of authorization, sits at the center of more of these prosecutions than the public would guess, and the texts, account histories, and past transactions that prove it are evidence I go get.

Knowledge. The statute requires knowing the card was stolen, revoked, or unlawfully obtained. The friend who handed you a card and a story, the marketplace purchase, the number that arrived through a “runner” recruitment — knowledge is an element, not an assumption, and I explain how these recruited-runner and conspiracy prosecutions actually get defended on my conspiracy and accomplice liability page.

Attribution. Card-not-present transactions — online orders, saved numbers, tap payments — must still be tied to a human being. Device forensics, delivery addresses, camera footage, and account access records either make that connection or they don’t, and “the order shipped to a house you once lived in” is not proof beyond a reasonable doubt.

The math itself. Aggregation windows, disputed transactions, and merchant loss figures assembled for restitution rather than proof — the felony threshold is contested ground, count by count and dollar by dollar.

Fairfax Prosecutions and the People This Happens To

These cases are charged every week in the Fairfax County courthouse — mall arrests, online orders traced to Northern Virginia addresses, employer card audits — and they land on people the public doesn’t picture: students handed a card by a roommate, employees whose company card use was reclassified as fraud after a falling-out, non-citizens for whom any fraud conviction is an immigration catastrophe because fraud is a crime involving moral turpitude. I handle these cases personally, from an office just minutes from the Fairfax County Courthouse, and the earliest hours — before statements are made and before the Commonwealth’s math hardens into an indictment — are when the most can be done.

This page is part of the broader cluster: for the full picture, see my fraud defense overview.

Frequently Asked Questions

Is credit card fraud a felony in Virginia?

It depends on the math. Value obtained is aggregated over any six-month period: under $1,000 it is a Class 1 misdemeanor; at $1,000 or more it is a Class 6 felony, carrying one to five years. The aggregation itself — which transactions, which window, which proof — is contested ground.

I used my ex’s card the way I always had. Is that fraud?

Authorization is the central issue in exactly these cases. Use that was permitted — or reasonably believed to be permitted based on the history between you — is not fraud, and the account records, messages, and years of prior use that establish that history are evidence the defense develops.

What changed with gift cards in 2026?

Effective July 1, 2026, Virginia’s card statutes were amended to cover gift cards and gift card numbers, bringing draining and tampering schemes inside §§ 18.2-192 and 18.2-195 with the same felony math. Conduct before that date must be charged under the prior law — the effective date matters and gets checked.

Why am I charged with five different crimes for one shopping trip?

Because one transaction can touch several statutes — theft of the card, use of the card, forgery of the signature, identity fraud for the name — and prosecutors charge the full stack for leverage. Each charge has separate elements the Commonwealth must prove, which makes the stack a set of defense opportunities as well.

A detective or the bank’s fraud investigator wants to talk to me. Should I?

Not before you speak with a lawyer. You have the right to remain silent, and an explanation offered to “clear things up” is often what fills the gaps in the Commonwealth’s case — who made the purchase, whether you knew the card was not yours, how much was spent. A short call with a defense attorney first costs you nothing and can keep a misdemeanor from becoming a felony.

Where are these cases heard in Fairfax County?

Misdemeanor counts and felony preliminaries begin in the Fairfax General District Court, and felony counts proceed to the Fairfax County Circuit Court on Chain Bridge Road, near my office.

About the Attorney

Sheryl Shane is the founder of Virginia Criminal Attorney, a Fairfax criminal defense practice. She has practiced law since 1994 — licensed in Ohio in 1994 and in Virginia in 2000 — and has defended clients throughout Northern Virginia since 2000, handling every case personally from the first consultation through final resolution. Her background includes service as an arbitration judge in Ohio and as a court-appointed Guardian ad Litem in Virginia. Her office is located at 4015 Chain Bridge Road, Fairfax, VA 22030, just minutes from the Fairfax County Courthouse. Free, confidential consultations: (703) 582-8119. Past results do not guarantee future outcomes.

This page provides general information about Virginia law and is not legal advice for any specific situation.

Disclaimer: This page is attorney advertising, published by Virginia Criminal Attorney, LLC. It is provided for general educational and informational purposes only and is not legal advice. Reading this page, contacting the firm, or submitting information through this website does not create an attorney-client relationship; that relationship is formed only by a signed written agreement. Please do not send confidential information until such a relationship exists. Every case is different, and the application of Virginia law depends on the specific facts and circumstances involved — no outcome is promised or implied, and past results do not guarantee a similar outcome in any future case. If you are facing a criminal charge or any other legal issue, seek the advice of a licensed attorney about your own situation; do not rely on this page in place of that advice. While this content was written and reviewed by Attorney Sheryl Shane and reflects Virginia law current through the 2026 Special Session I, the law changes and no representation is made that it remains current or complete, and no liability is accepted for any action taken or not taken in reliance on it.