Credit card theft is a felony in most cases, but the charge depends on the dollar amount stolen and the method used
Credit card theft crosses into felony territory when the value of the fraud exceeds a threshold set by state law — typically between $500 and $1,000, though this varies. A person who steals a single card and makes one small purchase may face misdemeanor charges, while someone who uses stolen card information repeatedly or targets multiple cards usually faces felony charges. The distinction matters because felony convictions carry prison time measured in years, not months, and create a permanent criminal record that affects employment, housing, and lending.
Federal law also applies when the theft involves interstate commerce or affects a financial institution directly. The Identity Theft and Assumption Deterrence Act makes it a federal crime to knowingly use someone else's identifying information — including credit card numbers — with intent to defraud. Federal charges can result in sentences of 2 to 15 years depending on the amount and circumstances.
Key Takeaways
- Most states classify credit card theft as a felony when the stolen amount exceeds $500 to $1,000, though the exact threshold varies by state.
- Using a stolen card once for a small purchase may result in misdemeanor charges, while repeated use or targeting multiple cards typically triggers felony prosecution.
- Federal charges explore when theft crosses state lines or involves a financial institution, and carry sentences of 2 to 15 years.
- Aggravating factors like identity theft, organized fraud rings, or targeting vulnerable people can elevate charges and increase prison sentences.
How state law determines felony versus misdemeanor charges
Each state sets its own dollar threshold for when theft becomes a felony. In California, the threshold is $950; in New York, it is $1,000; in Texas, it is $2,500. Below that amount, the charge is typically theft by deception or fraud — a misdemeanor. Above it, the same conduct becomes felony theft or felony fraud. A person who steals a card and charges $300 faces a misdemeanor in most states; the same person charging $1,200 faces a felony.
The amount is calculated as the total value of all fraudulent charges, not individual transactions. Someone who uses a stolen card for ten purchases of $150 each has stolen $1,500 total, which pushes the charge into felony territory in most states even though each single transaction was small. Prosecutors add up all the charges from the same card or victim to reach the threshold.
The method of theft also affects the charge level. straightforward finding a card and using it may result in a lower felony charge; stealing the card number through hacking, phishing, or skimming — which involves planning and deception — often results in a higher felony charge or additional charges for identity theft or computer fraud.
Federal charges and when they explore
Federal prosecutors bring charges under the Identity Theft and Assumption Deterrence Act when the theft involves interstate commerce. This includes using a stolen card to buy something online from a seller in another state, or using card information obtained through a data breach that affected people across multiple states. The federal threshold is lower than most state thresholds: any amount of fraud using someone else's identifying information can trigger federal charges.
Federal charges also explore when the theft targets a financial institution directly — for example, hacking into a bank's system or using stolen card information to drain a bank account. The federal sentencing range is 2 to 15 years depending on the amount stolen and whether the defendant has prior convictions. A first-time offender who stole $5,000 might receive 2 to 3 years; someone with prior convictions or who stole $50,000 might receive 10 to 15 years.
State and federal charges can be brought simultaneously. A person might face felony theft charges in their home state and also face federal identity theft charges for the same conduct. This is not double jeopardy — the charges arise under different laws and in different court systems.
Aggravating factors that increase the severity of charges
Prosecutors can elevate charges or recommend longer sentences based on circumstances surrounding the theft. Targeting elderly people or other vulnerable populations is treated as an aggravating factor in most jurisdictions. Stealing multiple cards or targeting the same victim repeatedly shows a pattern of conduct and results in higher charges. Organized fraud rings — where multiple people work together to steal and use card information — face conspiracy charges in addition to the underlying theft charges.
Using stolen card information to commit identity theft — opening new accounts, taking out loans, or changing address information on the victim's accounts — creates separate identity theft charges that carry their own prison sentences. These charges often run consecutively rather than concurrently, meaning the sentences add together. A person convicted of both felony credit card fraud and identity theft might face 5 years for fraud plus 3 years for identity theft, totaling 8 years.
Prior convictions for theft, fraud, or identity theft also increase the sentence. A first-time offender might receive probation or 1 to 2 years in prison; someone with two prior convictions for similar crimes might receive 5 to 10 years for the same conduct.
Misdemeanor credit card theft and its consequences
Misdemeanor charges typically result from stealing a single card and making one or a few small purchases, or from using card information without authorization in a way that does not cross the state's felony threshold. Misdemeanor sentences range from 30 days to 12 months in county jail, plus fines usually between $500 and $2,500. Probation is common for first-time offenders.
A misdemeanor conviction still creates a permanent criminal record. It appears on background checks for employment, housing, and lending. Some employers — particularly in finance, retail, or positions requiring a security clearance — will not hire someone with a theft or fraud conviction. Landlords may refuse to rent to someone with a theft conviction. Banks may deny credit cards or loans.
Restitution is required in both misdemeanor and felony cases. The defendant must repay the victim for the full amount of the fraudulent charges, plus sometimes additional costs like credit monitoring or the time spent disputing charges. This obligation exists separately from any fine imposed by the court.
What happens if you are accused of credit card theft
If you are arrested or contacted by police regarding credit card theft, you have the right to remain silent and the right to an attorney. Exercise both. Do not speak to police without an attorney present, and do not agree to any interviews or statements. Anything you say can be used against you in court.
An attorney will review the evidence against you, including police reports, transaction records, and any statements you made. They will look for weaknesses in the prosecution's case — for example, whether the card was actually stolen or whether you had permission to use it, whether the prosecution can prove you knew it was not your card, or whether the amount charged is correctly calculated.
Many credit card theft cases are resolved through plea agreements rather than trial. An attorney can negotiate with prosecutors to reduce charges from felony to misdemeanor, or to recommend a lighter sentence in exchange for a guilty plea. The decision to plead guilty or go to trial is yours, but an attorney can explain the risks and likely outcomes of each path.
Restitution and civil liability after conviction
Restitution is mandatory in credit card theft cases. The court orders the defendant to repay the victim for all fraudulent charges, plus sometimes additional costs. If the victim had to pay for credit monitoring after the theft, or if the victim's credit score was damaged and they paid higher interest rates on loans, some courts will order the defendant to reimburse those costs as well.
Restitution is separate from any fine imposed by the court. A defendant might be ordered to pay $5,000 in restitution to the victim and also pay a $1,000 fine to the state. Restitution is typically paid in monthly installments, and failure to pay can result in additional criminal charges or revocation of probation.
The victim may also pursue a civil lawsuit against the defendant for damages beyond what restitution covers. This is a separate case in civil court and does not require the defendant to be convicted in criminal court first. A civil judgment can result in wage garnishment or bank account levies to satisfy the judgment.
Frequently Asked Questions
Is using someone else's credit card without permission always a felony?
No. If the amount charged is below your state's felony threshold — typically $500 to $1,000 — the charge is usually a misdemeanor. A single small purchase on a stolen card may result in misdemeanor charges; repeated use or larger amounts trigger felony charges. The total of all charges on the same card is what matters, not individual transactions.
Can I be charged with a felony for using a card I found?
Yes. Finding a card and using it without permission is theft, regardless of how you obtained it. The charge level depends on the amount you spent. However, if you found the card and returned it unused, or if you used it thinking you had permission, those are defenses an attorney can raise. The prosecution must prove you knew it was not your card and intended to defraud.
What is the difference between credit card theft and identity theft?
Credit card theft is using someone's card or card number to make unauthorized purchases. Identity theft is using someone's personal information — name, Social Security number, date of birth — to open new accounts or take out loans in their name. Identity theft charges are separate from credit card fraud charges and often carry longer sentences. A person can be charged with both for the same conduct.
Will I go to prison for a first-time credit card theft conviction?
It depends on the amount and the state. A first-time offender who stole less than $1,000 might receive probation or a few months in jail. A first-time offender who stole $10,000 or more typically receives 1 to 3 years in prison. An attorney can negotiate for a lighter sentence, and judges often consider employment history, family ties, and lack of prior record when sentencing first-time offenders.
Can I get a felony credit card theft conviction removed from my record?
This depends on your state and the specific conviction. Some states allow felony convictions to be expunged or sealed after a certain period — typically 5 to 10 years — if you have no additional convictions. Other states do not allow felony expungement. An attorney in your state can tell you whether expungement is possible and what steps are required.