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. That threshold varies — some states set it at $500, others at $1,000 or higher. Below that amount, the charge is usually a misdemeanor. The person who stole the card, the person who used it, and anyone who helped plan or execute the theft can all face felony charges if the dollar amount is high enough.

The specific charge also depends on how the theft happened. Using someone else's card without permission is different from stealing the physical card, which is different from intercepting card information online. Federal law treats large-scale or organized card theft as a separate crime from a single incident. State law determines the felony threshold and the sentence range.

If you are the victim of credit card theft, the card company handles the fraud dispute and refund. If you are accused of credit card theft, you are dealing with criminal law, not the card company — and the consequences include jail time, fines, and a criminal record that affects employment and housing for years.

Key Takeaways

  • Credit card theft becomes a felony when the stolen amount exceeds your state's threshold, typically $500 to $1,000, though some states set it higher.
  • Using someone else's card without permission, stealing a physical card, and intercepting card data online are all separate criminal acts with different charges and penalties.
  • Both the person who stole the card and the person who used it can face felony charges; accomplices who helped plan or execute the theft face charges too.
  • Federal charges apply when theft involves multiple states, the internet, or organized schemes, and carry longer sentences than state charges.
  • A felony conviction for credit card theft results in jail time, fines, restitution to the victim, and a permanent criminal record affecting employment and housing.

How states define the felony threshold

Each state sets its own dollar amount that separates a misdemeanor from a felony. In California, credit card theft becomes a felony when the value exceeds $950. In New York, the threshold is $1,000. Texas uses $2,500. Some states have multiple tiers — a theft under $500 might be a Class C misdemeanor, $500 to $1,500 a Class B misdemeanor, and anything over $1,500 a felony.

The "value" is the amount actually charged or attempted to be charged on the card, not the card's credit limit. If someone steals your card and charges $300 before you report it, that $300 is the value used to determine the charge level. If they attempted to charge $5,000 but the transaction was declined, some states count the attempted amount; others count only what cleared.

The threshold also applies to identity theft charges, which often accompany credit card theft. Using someone's card number without the physical card — by shopping online or over the phone — is identity theft in most states, and the same dollar thresholds apply. A person can face both credit card theft and identity theft charges from a single incident.

Felony charges for using someone else's card

Using a credit card that belongs to someone else, without their permission, is fraud. The charge is usually called unauthorized use of a credit card or fraudulent use of a credit card. If the amount is high enough, it becomes a felony. If the amount is low — say, $50 at a gas station — it is usually a misdemeanor, though you can still be arrested and prosecuted.

The person who physically used the card faces the same charge as the person who stole it. If you found a card on the street and used it once, you are committing the same crime as someone who pickpocketed it. The prosecution does not have to prove you stole it; they only have to prove you knew it was not yours and used it anyway.

Attempting to use a card that you know is stolen is also a crime, even if the transaction fails. If a store clerk refuses the card or the payment processor declines it, you can still be charged with attempted fraud. The outcome of the transaction does not matter; the intent to defraud does.

Felony charges for stealing the card itself

Theft of a credit card is a separate charge from using it. You can be charged with theft even if you never used the card and never intended to use it. Stealing a card to sell it to someone else, or to extract the card number and sell it online, is theft. The value of the theft is typically the card's credit limit or the amount available to charge, not the amount you actually stole.

Some states treat card theft as a form of larceny. Others have a specific statute for credit card theft. The charge name varies, but the outcome is the same: if the card's available credit is high enough, the charge is a felony. A card with a $5,000 limit stolen in a state with a $1,000 felony threshold will result in a felony charge, even if the thief never used it.

Possessing a stolen card with the intent to use it is also a crime. You do not have to actually use the card; the prosecution only has to show you had it and intended to commit fraud. This is why people caught with multiple stolen cards face multiple charges.

Federal charges for organized or interstate theft

Credit card theft becomes a federal crime when it involves multiple states, the internet, or an organized scheme. The federal statute is 18 U.S.C. § 1029, which covers fraud and related activity in connection with access devices — a term that includes credit cards, debit cards, and card numbers.

Federal charges carry much longer sentences than state charges. A state felony for credit card theft might result in 2 to 5 years in prison. A federal charge can result in 15 years or more, especially if the theft is part of a larger scheme or involves identity theft. If you used the internet to steal card information or sold stolen card numbers online, federal prosecutors have jurisdiction.

The Secret Service and the FBI investigate federal credit card theft cases. If you are arrested by either agency, you are facing federal charges, not state charges. Federal cases also move through federal court, which has different rules and procedures than state court. A federal conviction also results in federal prison time, which is typically served in a different facility than state prison.

Penalties and consequences of a felony conviction

A felony conviction for credit card theft results in jail or prison time, fines, and restitution — money you must pay back to the victim. The amount of restitution is the amount you stole or attempted to steal, plus any costs the victim incurred (such as fees charged by the card company or time spent disputing charges). Restitution is separate from fines; you pay both.

Prison time varies by state and the amount stolen. A first offense in a state with a low felony threshold might result in 1 to 3 years. A second or third offense, or a theft of a large amount, can result in 5 to 10 years or more. Federal sentences are longer and do not allow parole in most cases; you serve the full sentence.

A felony conviction also creates a permanent criminal record. This record affects your ability to find employment, rent housing, obtain professional licenses, and travel internationally. Many employers run background checks and will not hire someone with a felony conviction for theft. Some landlords will not rent to you. If you are not a U.S. citizen, a felony conviction can result in deportation.

What happens if you are accused of credit card theft

If you are arrested for credit card theft, you have the right to an attorney. If you cannot afford one, you can request a public defender. Do not speak to police without an attorney present. Anything you say can be used against you in court, even if you think you are explaining or defending yourself.

The prosecutor must prove guilt beyond a reasonable doubt. This means they must show that you knowingly and intentionally used or stole the card, or that you helped someone else do so. If the card company made an error and charged your account, or if you had permission to use the card and the cardholder later denied it, these are defenses your attorney can raise.

Many credit card theft cases are resolved through a plea agreement, where you plead guilty to a lesser charge in exchange for a shorter sentence. Your attorney can negotiate with the prosecutor. Going to trial is an option, but it is risky — if you are convicted at trial, the sentence is often longer than what you would have received in a plea deal.

If you are the victim of credit card theft

If your card is stolen and used, contact your card company immediately. Federal law limits your liability to $50 if you report the theft before unauthorized charges are made, and $0 if you report it after. The card company will cancel the card, issue a new one, and dispute the fraudulent charges on your account.

You can also file a report with the Federal Trade Commission at IdentityTheft.gov. This creates an official record of the theft and can help you if the thief's charges affect your credit score. You may also want to place a fraud alert on your credit report with the three major credit bureaus — Equifax, Experian, and TransUnion — so that creditors know to verify your identity before opening new accounts in your name.

If the thief is caught and prosecuted, you may be asked to testify in court about the theft and the impact it had on you. The prosecutor represents the state or federal government, not you, but your testimony helps establish what happened. You do not need to hire a private attorney for a criminal case; the government prosecutes the thief on your behalf.

Frequently Asked Questions

Can I be charged with a felony if I used someone else's card just once?

Yes, if the amount charged exceeds your state's felony threshold. A single transaction of $1,500 in a state with a $1,000 threshold is a felony, even if it was your first and only offense. The number of times you used the card does not matter; the total amount does.

What if I found a credit card and used it by accident, thinking it was mine?

Mistake of fact is a potential defense, but it is difficult to prove. You would have to show that you genuinely believed the card was yours, which is hard to establish if the name on the card is different from your name. Your attorney can raise this defense, but the prosecution will argue you knew or should have known it was not your card.

Is credit card theft a felony if the card company refunded the charges?

Yes. The card company's refund does not erase the crime. You still committed fraud by using the card without permission. The refund means the victim did not suffer a financial loss, which might reduce your sentence, but it does not eliminate the charge or make it a misdemeanor.

Can I go to jail for credit card theft if I was under 18 when I did it?

Yes, though juvenile court handles the case differently than adult court. Depending on your age and the amount stolen, you might be charged as a juvenile or as an adult. Juvenile records are usually sealed, but an adult conviction is permanent. Speak to a juvenile defense attorney if you are under 18 and facing charges.

What is the difference between credit card theft and identity theft?

Credit card theft is stealing or using a specific card or card number. Identity theft is using someone's personal information — name, Social Security number, date of birth — to open new accounts or commit fraud in their name. You can commit both crimes in a single incident, and both can be felonies depending on the amount and method.