If you’ve been charged with an online fraud crime in Virginia, you may have many questions. Here, our skilled Fairfax fraud lawyers provide answers to common questions in these cases.

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  • What is the crime of embezzlement and what penalties might I face if I’m convicted of committing this crime?

    Hand Taking MoneyEmbezzlement is a white collar crime in Virginia that is often prosecuted harshly because it involves the betrayal of another’s trust. Many individuals,  such as bank employees, bookkeepers, and treasurers of organizations, can find themselves arrested for this crime. If you are convicted of this offense, you may be sentenced to a lengthy prison sentence and large fines.

    What Is the Crime of Embezzlement?

    Embezzlement is also considered a larceny crime in Virginia. Under Virginia Code § 18.2-111, it is a crime to fraudulently and wrongfully use, dispose of, conceal, or embezzle someone’s property with the intent to permanently deprive him of it. Unlike other larceny crimes, the property must have been entrusted to the accused by the nature of his job, position, or office. Examples of what may constitute embezzlement include:

    • Stealing money from a cash register
       
    • Using a company credit card for personal use
       
    • Writing checks from a company account
       
    • Taking gift cards

    Penalties for Embezzlement in Virginia

    Embezzlement will be charged as a Class 1 misdemeanor, which is considered petit larceny if the value of the property that was embezzled was under $500. If the value was $500 or more, the crime is a Class U (unclassified penalty range) grand larceny felony. The possible penalties include:

    • Misdemeanor. Up to one year in jail and/or a fine of up to $2,500
       
    • Felony. Prison sentence of up to 20 years and/or a fine of up to $2,500

    A conviction can also have long-term consequences in your life. You would have a permanent criminal record, which may make it extremely difficult for you to obtain future employment, especially in your same field.

    Have you been charged with embezzlement or another theft crime? Our dedicated and skilled theft defense attorneys in Fairfax can build a strong defense strategy to fight the charges you face. This can result in the charges being dismissed or reduced to a less serious offense.

    We represent clients facing criminal charges in Fairfax, Northern Virginia, Maryland, and Washington, D.C. To learn more about how we can help, call our Fairfax office to schedule your free case evaluation.

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  • What is credit card fraud and what penalties might I face?

    Credit Card Being Used for Credit Card FraudThere are a number of credit card offenses in Virginia that are aggressively prosecuted. One serious crime that can be charged as a misdemeanor or felony is credit card fraud. If you are facing these charges, our experienced criminal defense attorneys can help you create a successful defense so that you reach the best possible outcome given your circumstances.

    What Is Credit Card Fraud?

    Virginia Code § 18.2-195 makes it a crime for a person to knowingly use a credit card to obtain something of value with the intent to defraud. There are many ways that a person can commit this crime. Some examples include:

    • Knowingly using a stolen, lost, expired, or revoked credit card or credit card number
       
    • Using another individual’s credit card without his permission
       
    • Using an un-issued credit card to obtain something of value
       
    • Obtaining money over the card’s credit limits with the intent to defraud
       
    • Getting control of a credit card or credit card number as security for collateral for a debt

    A person who is authorized to provide goods, services, or anything of value upon the presentation of a valid credit card can also commit credit card fraud if he does any of the following with the intent to deceive the card’s issuer:

    • Gives another individual goods, services, or anything else of value when he knows that the credit card was stolen, expired, or revoked
       
    • Tells the credit card issuer that goods, services, or other things of value were provided to the cardholder when they were not
       
    • Charges a credit card with more than was authorized by the cardholder

    Penalties You May Face If Convicted of Credit Card Fraud

    Credit card fraud can be charged as a misdemeanor or felony depending on the value of the goods, services, or other things of value fraudulently obtained. A person may face these penalties:

    • Class 1 misdemeanor. If an individual defrauds another of less than $500 within a six-month period, the offense is charged as a Class 1 misdemeanor. If convicted, the person may be sentenced to up to 12 months in jail and/or a fine of up to $2,500.
       
    • Class 6 felony. If the value of the goods, or services is $500 or more within a six-month period, the credit card fraud would be charged as a Class 6 felony. The punishment may be a prison sentence of one to five years and a maximum fine of $2,500. However, the judge or jury deciding the case has the discretion to reduce the sentence to a jail of sentence of up to 12 months and/or a fine of up to $2,500.

    Conspiracy to Commit Credit Card Fraud

    It is also a crime to conspire with or help another person to commit credit card fraud under

    Virginia Code § 18.2-195 whether the crime is committed in or outside of the Commonwealth of Virginia. This crime is a Class 6 felony, and the penalties are the same as for a felony credit card fraud offense.

    Have you been charged with credit card fraud? Our experienced white collar crime attorneys understand the complexities of these cases and can help you mount a strong defense to the charges you face. To learn more, call our Fairfax office to schedule your free consultation today.

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  • What are defenses to forgery charges in Virginia?

    Gavel Engraved With Forgery TextForgery is a serious felony offense in the Commonwealth of Virginia no matter the value of what is forged. If convicted, you may be sentenced to significant prison time and a hefty fine. To avoid these harsh consequences, you need the assistance of an experienced criminal defense attorney who can assist you in defending against the charge.

    Common Forgery Crimes in Virginia

    There are a number of forgery-related crimes that you can be charged with committing in Virginia. Three common forgery-related crimes are:

    • Forgery. Virginia Code § 18.2-172 defines forgery as the creation of a false document or alteration of an existing one with the intent to injure or defraud another. This is a Class 5 felony with a possible sentence of up to 10 years in prison and a fine of up to $2,500.
       
    • Uttering. Uttering is a crime under the same code section as forgery and is often charged with it. However, uttering is a separate offense. It is the use of a false document. If convicted, the sentence is the same as for forgery.
       
    • Forgery by false pretenses. Forgery by false pretenses is also a criminal offense under Virginia Code § 18.2-172. This crime involves obtaining the signature of a person with the intent to defraud him. This is a Class 5 felony with the same penalties as for forgery and uttering.

    Defenses to Forgery Charges

    In order for you to be convicted of a criminal offense, the prosecutor must prove the elements of the crime beyond a reasonable doubt. For example, the elements of the crime of forgery include the act of making or altering a document and the intent to defraud another. Here are some defenses that you may be able to raise if charged with a forgery crime:

    • No intent. Evidence that you did not intend to defraud or deceive another, which is a key element of the crime, is a possible defense.
       
    • Consent. Proving that you created or altered a document with the permission of the alleged victim may be a defense that can result in the charges against you being dismissed.
       
    • Not a forgery. Another possible defense is that the document has not been forged. If you are raising this defense, you may need to hire a handwriting expert to verify the item’s authenticity.

    Have you been arrested for forgery in Fairfax or Northern Virginia? Let our Fairfax criminal defense lawyers aggressively fight the charges you face so that you achieve the best possible outcome given your circumstances. To learn more, call our Fairfax office to schedule a free consultation.

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  • I was arrested for counterfeiting in Virginia. What penalties might I face?

    Counterfeit Charges Button on a ComputerCounterfeiting is a forgery crime in the Commonwealth of Virginia and is a serious felony offense. If you are convicted of this white collar crime, you may be sentenced to a lengthy prison sentence and ordered to pay hefty fines.

    Counterfeiting Crimes and Penalties in Fairfax

    Counterfeiting involves the making of fake money, which can be either bills or coins. There are several counterfeiting crimes in Virginia:

    • Counterfeiting. Under Virginia Code § 18.2-170, it is a crime to forge a note, coin, or bill of a banking institution with the intent to defraud. It is also illegal to make a coin, bill, or note that purports to be of a banking company that is not in existence. This is a Class 4 felony with a possible sentence of 2 to 10 years in prison and a fine of up to $100,000.
       
    • Uttering counterfeit money. You can be charged with uttering counterfeit money under Virginia Code § 18.2-172 for intentionally trying to pass it off or “utter” it as if it were real money. This crime is a Class 5 felony. Your sentence if convicted can include between 2 and 10 years in prison and a fine not to exceed $2,500.
       
    • Possessing counterfeit money. Possessing counterfeit coins, bills, or notes, whether or not you also forged them, with the intent to pass them off as real money is also a white-collar offense under Virginia Code § 18.2-173. It can be charged as a Class 3 misdemeanor if you possess less than 10 forged bills or coins or as a Class 6 felony if you have more than 10 coins or bills. If convicted of a Class 3 misdemeanor, the penalty is a fine not to exceed $500. A Class 6 felony conviction can result in a prison sentence of up to five years.

    If you have been charged with a counterfeiting crime in Fairfax or Northern Virginia, you cannot afford to take the charges lightly. In addition to the harsh penalties you face, you would have a permanent criminal record with long-term consequences on your ability to obtain a job and other aspects of your life.

    Let our experienced Fairfax criminal defense lawyers help you build a strong defense to the charges you face. Call our Fairfax office or start an online chat to learn more about how we can assist you.

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