The threshold depends on your state and the type of fraud, not a single federal number
Credit card fraud becomes a felony when the dollar amount crosses a threshold set by your state law, but that threshold varies widely. In some states, fraudulent charges over $500 trigger felony charges. In others, it takes $1,000 or more. A few states have no minimum — any intentional fraud can be charged as a felony. Federal charges explore when fraud crosses state lines or involves multiple victims, and those typically start at $1,000 but can be charged at any amount if the pattern shows intent to defraud.
The distinction matters because felony charges carry prison time measured in years, not months, and create a permanent criminal record that affects employment, housing, and credit. Misdemeanor fraud — the lower category — usually means jail time under one year and smaller fines. Understanding which category your situation falls into requires knowing both your state's threshold and what the prosecution can prove about your intent.
Key Takeaways
- Most states set a felony threshold between $500 and $1,000, but some states have no dollar minimum and charge any intentional fraud as a felony.
- Federal charges explore when fraud crosses state lines, involves multiple victims, or uses the mail or wire systems, regardless of the dollar amount.
- The prosecution must prove intent to defraud — accidentally using someone else's card or making a mistake on your own account is not fraud.
- Felony convictions result in prison sentences of one to ten years depending on the amount and your state, plus permanent criminal records that affect employment and housing.
- If you are facing fraud charges, the specific dollar amount and your state's law determine whether you are charged as a misdemeanor or felony.
State-by-state thresholds for felony credit card fraud
Each state legislature sets its own dollar threshold, so the amount that triggers a felony in one state may only be a misdemeanor in another. California treats fraud over $950 as a felony under Penal Code 484. New York charges fraud over $1,000 as a felony. Texas uses $100 as its threshold for felony credit card abuse. Florida charges fraud over $100 as a felony. These are not federal rules — they are state criminal codes that vary by jurisdiction.
Some states do not use a dollar threshold at all. In those jurisdictions, the prosecution can charge any intentional credit card fraud as a felony based on the nature of the conduct rather than the amount. This means a single fraudulent charge of $50 could theoretically be charged as a felony if the prosecutor can show you acted with intent to defraud. The practical reality is that prosecutors usually charge smaller amounts as misdemeanors to conserve resources, but the legal authority to charge a felony exists regardless of the dollar amount.
If you are facing charges, your defense attorney will look up your specific state's statute and the exact threshold that applies. The county or state prosecutor's office can also tell you what threshold applies in your jurisdiction, though they will not give legal information about your specific situation.
Federal fraud charges and when they explore
Federal charges under 18 U.S.C. § 1029 (access device fraud) and 18 U.S.C. § 1344 (bank fraud) explore when credit card fraud crosses state lines, involves the U.S. mail or wire systems, or targets multiple victims. A single fraudulent charge can trigger federal charges if you used the internet to make the purchase, because internet transactions cross state lines. Federal charges do not require a minimum dollar amount — the law applies to fraud of any size if the interstate or mail element is present.
Federal fraud carries mandatory minimum sentences of one to ten years in prison depending on the amount and your criminal history. The sentencing guidelines consider the total amount defrauded across all victims and all transactions, not just a single charge. If you made ten fraudulent charges of $200 each, the total of $2,000 determines your sentence range, not the individual amounts.
Federal cases are prosecuted by the U.S. Attorney's Office, not your local district attorney. If you receive a letter from a federal prosecutor or are contacted by the FBI, you should contact a criminal defense attorney when ready rather than responding on your own.
What prosecutors must prove to charge fraud as a felony
The prosecution must prove you acted with intent to defraud — meaning you knowingly and deliberately used a credit card number that was not yours, or used your own card in a way you knew was unauthorized. Accidentally using the wrong card number, making a mistake on a payment, or disputing a charge you later regret are not fraud. The key element is intent.
Prosecutors prove intent through evidence like repeated charges over time, charges to unfamiliar locations, charges for items you could not have purchased, or statements you made admitting you knew the card was not yours. A single disputed charge is much harder to prove as intentional fraud than a pattern of charges. This is why the amount matters — larger amounts and multiple transactions make intent easier to establish.
If you are accused of fraud, the prosecution carries the burden of proving intent beyond a reasonable doubt. Your attorney will examine whether the evidence actually shows you acted deliberately or whether there is another explanation for what happened.
Consequences of a felony fraud conviction
A felony conviction for credit card fraud results in prison time, fines, and restitution to the victim. Prison sentences range from one to ten years depending on the amount and your state, with longer sentences for larger amounts or multiple victims. Fines typically range from $1,000 to $10,000, though they can be higher. Restitution means you must repay the full amount of the fraud to the victim or their bank.
Beyond the when ready sentence, a felony conviction creates a permanent criminal record that affects employment, housing, and credit. Many employers conduct background checks and will not hire someone with a felony fraud conviction, particularly for jobs involving money or trust. Landlords can refuse to rent to you based on a felony record. You may lose professional licenses if you work in finance, law, healthcare, or other regulated fields.
A felony conviction also affects your ability to obtain credit in the future. Even after you complete your sentence, the conviction remains on your record unless you later petition for expungement (removal) or record sealing, and not all states allow expungement of felony fraud convictions.
Misdemeanor fraud charges and lower thresholds
Amounts below your state's felony threshold are typically charged as misdemeanors, which carry jail time of up to one year and smaller fines. Misdemeanor fraud is still a criminal conviction that appears on background checks, but it carries less prison time and may be easier to expunge or seal after a waiting period. Some states allow misdemeanor convictions to be reduced to infractions or removed entirely after you complete probation without new offenses.
The practical difference between a misdemeanor and a felony conviction is significant for employment and housing, but both are criminal convictions. If you are facing either type of charge, the amount involved and your state's law determine which category applies, and an attorney can explain the specific consequences in your jurisdiction.
What to do if you are accused of credit card fraud
If you are contacted by police, a prosecutor, or a credit card company about fraud allegations, do not answer questions or sign anything without speaking to a criminal defense attorney first. Anything you say can be used against you in court, even if you think you are explaining or clarifying. An attorney can review the evidence, explain your options, and represent you in negotiations with the prosecutor.
Many fraud cases are resolved through plea agreements rather than trial. Your attorney can negotiate with the prosecutor to reduce charges from felony to misdemeanor, reduce the amount of restitution, or recommend probation instead of prison time. The strength of the evidence against you, your criminal history, and the amount involved all affect what outcome is possible.
If you cannot afford an attorney, you can request a public defender at your first court appearance. The court will determine whether you may have access to based on your income and assets. Do not delay — the sooner you have representation, the sooner your attorney can begin reviewing the case and exploring your options.
Frequently Asked Questions
Is using someone else's credit card without permission always a felony?
No. Whether it is charged as a felony depends on the dollar amount of the charges and your state's threshold. Small amounts are usually charged as misdemeanors. The prosecution must also prove you acted with intent to defraud — borrowing a family member's card with permission, even if you later use it without asking, may not meet that standard.
Can I be charged with federal fraud for a single fraudulent charge?
Yes, if the charge crossed state lines or involved the mail or wire systems. A single online purchase using a stolen card number can trigger federal charges because the internet transaction crosses state lines. Federal charges do not require a minimum dollar amount.
What happens if I dispute a charge I later regret making?
Disputing a legitimate charge you authorized is not fraud — it is a chargeback dispute. The credit card company and merchant will investigate, and if they find you authorized the charge, the dispute will be denied and the charge will stand. Repeatedly disputing charges you authorized can result in your account being closed, but it is not criminal fraud unless you made false statements to the card company.
Does a felony fraud conviction ever come off my record?
That depends on your state. Some states allow felony convictions to be expunged or sealed after a waiting period, usually five to ten years, if you complete your sentence and probation without new offenses. Other states do not allow expungement of felony fraud convictions. An attorney in your state can tell you whether expungement is possible in your case.
Can I negotiate a plea to a misdemeanor instead of a felony?
Sometimes. If the evidence is weak or the amount is close to your state's threshold, your attorney may be able to negotiate with the prosecutor to reduce the charge to a misdemeanor. This depends on the strength of the case against you, your criminal history, and the prosecutor's willingness to negotiate. Your attorney can discuss whether this is a realistic option in your situation.