Henrico County Fraud & Forgery Lawyer

Henrico Fraud & Forgery Defense Guide

Henrico Fraud & Forgery Charges	Henrico Forgery & Uttering
False Pretenses	Bad Checks & Check Fraud
Credit Card & Gift Card Fraud	Intent to Defraud
Henrico Fraud & Forgery Evidence	Henrico Fraud & Forgery Defenses
Henrico Court Process	Henrico Fraud & Forgery FAQs

Henrico Defense Services

• Henrico County VA Overview
• Henrico Criminal Defense Lawyer
• Henrico Petit Larceny Lawyer
• Henrico Shoplifting Lawyer
• Henrico Grand Larceny Lawyer

For broader statewide guidance, see our Virginia Theft & Fraud Lawyer page.

Fraud and Forgery Charges in Henrico County

Fraud and forgery cases prosecuted in Henrico County can involve allegedly fraudulent documents, false representations, checks, credit cards, gift cards, financial transactions and other conduct covered by several different Virginia criminal statutes.

Virginia does not have a single criminal offense simply called fraud. The exact statute matters because different fraud and forgery charges have different elements and penalties. Some require proof that a person knowingly used a forged document. Others require proof of a false representation, knowledge of insufficient funds, unauthorized use of financial information or an intent to defraud.

Common Henrico fraud and forgery charges include:

Offense	Virginia Code	General Classification
Forgery or Uttering	§ 18.2-172	Class 5 Felony
False Pretenses – Money or Property	§ 18.2-178	Treated as Larceny
False Pretenses – Obtaining a Signature	§ 18.2-178	Class 4 Felony
Bad Check – Less Than $1,000	§ 18.2-181	Class 1 Misdemeanor
Bad Check – $1,000 or More	§ 18.2-181	Class 6 Felony
Credit Card or Gift Card Fraud – Less Than $1,000 in Six Months	§ 18.2-195	Class 1 Misdemeanor
Credit Card or Gift Card Fraud – $1,000 or More in Six Months	§ 18.2-195	Class 6 Felony

The precise Henrico charge should be reviewed carefully because the Commonwealth must prove the elements of the particular statute alleged, not simply establish that a financial disagreement, questionable transaction or disputed document exists.

Forgery and Uttering Charges in Henrico County

Henrico forgery and uttering charges may be prosecuted under Virginia Code § 18.2-172, which addresses both forgery and uttering certain forged writings.

Forgery generally concerns falsely making or materially altering a writing in a manner that prejudices another person’s rights. The statute also prohibits uttering or attempting to employ a forged writing as true when the accused knows that the writing is forged.

A violation of § 18.2-172 is a Class 5 felony.

Forgery and Uttering Are Different Allegations

A person accused of forgery is alleged to have participated in creating or altering the false writing. An uttering allegation focuses on presenting, using or attempting to employ a forged writing as genuine while knowing that it was forged.

That distinction can be important in a Henrico prosecution. An uttering charge may depend heavily on whether the Commonwealth can prove the accused knew the document was forged when it was presented or used.

Obtaining Another Person’s Signature by Fraud

Section 18.2-172 also provides that obtaining another person’s signature to certain writings through a false pretense or token, with intent to defraud another person, can constitute forgery.

Henrico forgery cases may therefore involve checks, financial documents, contracts, authorizations, business records or other writings depending on the particular allegation.

False Pretenses Charges in Henrico County

Virginia Code § 18.2-178 addresses obtaining money or property through false pretenses.

The statute provides that a person who obtains money, a gift certificate or other property capable of being the subject of larceny by a false pretense or token, with intent to defraud, is deemed guilty of larceny.

As a result, the value of property obtained can affect the classification of a Henrico false-pretenses charge. The ordinary Virginia larceny thresholds may determine whether the offense is punished as petit or grand larceny.

For information about those classifications, see our Henrico Petit Larceny Lawyer and Henrico Grand Larceny Lawyer pages.

Section 18.2-178 also separately provides that obtaining another person’s signature by false pretense or token, with intent to defraud, when the false making of the writing would constitute forgery, is a Class 4 felony.

False Representation and Intent

A Henrico false-pretenses prosecution is not established merely because a transaction went badly, money was not repaid or the parties later disagreed.

The Commonwealth must establish the criminal elements of the offense, including the required false pretense or representation and intent to defraud. The timing and nature of the alleged representation can therefore become important.

Emails, text messages, contracts, invoices, bank records, payment histories and testimony concerning what the parties understood may all affect whether the evidence establishes criminal fraud or instead reflects a disputed transaction.

Bad Check and Check Fraud Charges in Henrico County

Virginia Code § 18.2-181 makes it a criminal offense to make, draw, utter or deliver a check, draft or order for payment with intent to defraud while knowing at the time that sufficient funds or credit are not available for payment.

In a Henrico bad-check prosecution, a check with a represented value of less than $1,000 is a Class 1 misdemeanor. A check with a represented value of $1,000 or more is a Class 6 felony.

An unpaid or returned check does not by itself answer every issue in a criminal prosecution. Intent to defraud and knowledge concerning available funds or credit are important elements of the offense.

Virginia Code § 18.2-183 also establishes evidentiary rules concerning intent and knowledge when a check is refused for insufficient funds. Among other provisions, the statute addresses the effect of written notice and payment within five days after receipt of the required notice.

The defense may therefore examine:

• The account balance when the check was issued;
• Available credit or arrangements with the financial institution;
• When the accused expected funds to become available;
• The reason the check was returned;
• Communications between the parties;
• Whether statutory notice was provided;
• Whether payment was subsequently made; and
• Other evidence concerning intent when the check was issued.

Henrico Credit Card and Gift Card Fraud Charges

Henrico credit card and gift card fraud allegations may be prosecuted under Virginia Code § 18.2-195.

Credit card fraud can involve several forms of conduct undertaken with intent to defraud, including using certain unlawfully obtained, expired or revoked credit cards or credit card numbers, falsely representing oneself as an authorized cardholder and other prohibited transactions.

Virginia law also expressly provides that a person who, with intent to defraud, devises a scheme to obtain a gift card or gift card redemption information from a gift card holder, issuer or seller by false or fraudulent pretenses, representations or promises can be guilty of gift card fraud.

The classification is generally based on the aggregate value involved during a six-month period:

• Less than $1,000 is a Class 1 misdemeanor; and
• $1,000 or more is a Class 6 felony.

Henrico credit card and gift card fraud cases may involve transaction histories, account information, authorization records, surveillance video, device or electronic evidence, merchant records, receipts, communications and evidence concerning who actually conducted the disputed transactions.

Intent to Defraud in Henrico Fraud Cases

Intent to defraud is a central issue in many Henrico fraud and forgery prosecutions.

Because intent concerns a person’s state of mind, the Commonwealth frequently relies on circumstantial evidence to establish what the accused allegedly knew and intended when a document was signed, a check was issued, a card was used, a representation was made or a transaction occurred.

Evidence concerning intent may include:

• Statements made by the accused;
• Emails, text messages and other communications;
• Contracts or written agreements;
• Account balances and transaction histories;
• Prior authorization to use an account, card, document or signature;
• Payment and repayment history;
• The timing of deposits, withdrawals or transfers;
• What the accused was told or believed about the transaction;
• Conduct before and after the alleged offense; and
• Other circumstances bearing on knowledge and intent.

The existence of a financial loss does not necessarily establish fraudulent intent. A failed transaction, misunderstanding, accounting error, contractual dispute or unauthorized act by another person may present different issues from a deliberate scheme to defraud.

Evidence in Henrico Fraud and Forgery Cases

Henrico fraud and forgery cases are often document-intensive. The defense may need to reconstruct a series of communications or transactions rather than evaluate a single event.

Relevant evidence may include:

• Checks and banking records;
• Credit card and gift card records;
• Account statements and transaction histories;
• Contracts and agreements;
• Invoices and receipts;
• Signatures and allegedly forged writings;
• Emails and text messages;
• Electronic-payment records;
• Business and accounting records;
• Surveillance or other video;
• Computer, cellphone or device evidence where relevant;
• Witness testimony;
• Handwriting or other expert evidence where appropriate; and
• Statements attributed to the accused.

The records should be reviewed in context. A particular check, signature, transaction or electronic record may appear incriminating when viewed alone but have a different significance when the complete transaction history, communications, authorization or relationship between the parties is considered.

Defending Fraud and Forgery Charges in Henrico County

The appropriate defense to a Henrico fraud or forgery charge depends on the particular statute and evidence.

Lack of Intent to Defraud

Many fraud offenses require proof of fraudulent intent. A mistake, misunderstanding, accounting problem, failed business transaction or other innocent explanation may affect whether the Commonwealth can establish criminal intent.

Authorization or Consent

A person may have been authorized to use a credit card, account, signature, document or other financial instrument. The scope of that authority and whether it had been revoked can become important.

Lack of Knowledge

An uttering charge, for example, requires proof that the accused knew the writing was forged. Other fraud statutes similarly contain knowledge requirements that the Commonwealth must establish.

Genuine Signature or Document

A forgery accusation may turn on whether a signature or writing was actually false or altered. Original documents, comparison samples, witnesses, electronic records or expert evidence may become relevant.

Mistaken Identity

Electronic or financial records may show that a transaction occurred without necessarily proving who conducted it. Video, device information, account access, witness testimony and other evidence may affect identification.

Legitimate Financial or Business Dispute

Not every unpaid debt, broken agreement, failed transaction or disagreement constitutes criminal fraud. The defense can examine whether the evidence establishes a criminal offense or instead reflects a civil or contractual dispute.

Incomplete or Inaccurate Records

Financial investigations may involve large quantities of records. Missing communications, incomplete account histories, incorrect assumptions or inaccurate records can affect the prosecution’s theory.

Failure to Prove Value

Value may determine whether certain fraud-related offenses are misdemeanors or felonies. The Commonwealth’s proof concerning the amount allegedly obtained should be examined when it affects the classification of the charge.

Witness Credibility

Henrico fraud cases may arise from business, employment, family or personal relationships. Prior inconsistent statements, financial motives, documents, communications and other evidence may affect witness credibility.

Statements and Evidence Obtained by Law Enforcement

Statements attributed to the accused, searches of electronic devices, financial records and other evidence should be evaluated to determine how the evidence was obtained and whether constitutional or evidentiary issues may apply.

Related Henrico Theft and Financial Charges

Fraud allegations can overlap with larceny because Virginia law expressly treats certain conduct, including obtaining property by false pretenses and issuing bad checks, as forms of larceny.

Other Henrico investigations may involve multiple allegations arising from the same financial transactions, documents, accounts or property. The exact statutes charged should therefore be reviewed separately rather than treating every allegation simply as “fraud.”

The relationship between the charges can also affect whether the prosecution alleges misdemeanor or felony conduct, what evidence must be proved and how the case proceeds through the Henrico courts.

Henrico Courts and the Fraud & Forgery Case Process

Adult misdemeanor fraud-related charges are generally handled in the Henrico County General District Court. Felony charges such as forgery and uttering may begin in General District Court with proceedings that can include an advisement, bond issues, discovery, negotiations, motions and a preliminary hearing. Felony cases may then proceed to the Henrico County Circuit Court. A felony charge may also proceed by indictment. Henrico fraud and forgery cases can involve significant documentary and electronic evidence, so identifying the precise charge and obtaining the relevant financial records, communications and other evidence can be particularly important when preparing the case.

What to Send a Henrico Fraud & Forgery Lawyer

Helpful information for a Henrico fraud or forgery case review may include:

• The warrant, indictment, summons or other charging document;
• The scheduled Henrico court date;
• Checks or copies of checks involved in the allegation;
• Contracts, agreements, invoices or receipts;
• Bank and account records;
• Credit card or gift card transaction records;
• Emails, text messages and other relevant communications;
• Documents containing disputed signatures;
• Evidence concerning authorization or permission;
• Payment or repayment records;
• Names and contact information for potential witnesses; and
• Other paperwork provided by police, investigators, a magistrate, prosecutor or court.

Potentially relevant records should be preserved in their original form. Do not alter or delete emails, text messages, financial records, electronic files, transaction histories, photographs or other information that may relate to the allegation.

Frequently Asked Questions About Henrico Fraud and Forgery Charges

What is forgery in Henrico County?

A Henrico forgery charge may be prosecuted under Virginia Code § 18.2-172, which addresses forging certain writings to the prejudice of another person’s rights. A violation of the statute is a Class 5 felony.

What is uttering a forged document?

Under Virginia Code § 18.2-172, uttering includes presenting or attempting to employ a forged writing as true while knowing that it is forged. Uttering under this statute is a Class 5 felony.

Is forgery a felony in Henrico County?

Forgery and uttering under Virginia Code § 18.2-172 are Class 5 felonies. Other statutes involving particular documents or conduct may provide different classifications.

What are false pretenses in a Henrico criminal case?

Virginia Code § 18.2-178 addresses obtaining money, a gift certificate or other property by false pretense or token with intent to defraud. When property is obtained, the statute treats the offense as larceny. Obtaining certain signatures by false pretenses with intent to defraud is a Class 4 felony.

Is writing a bad check a felony in Henrico County?

It can be. Under Virginia Code § 18.2-181, a bad check with a represented value of $1,000 or more is a Class 6 felony when the statutory elements are established. A represented value of less than $1,000 is a Class 1 misdemeanor.

What is credit card fraud in Henrico County?

Henrico credit card fraud charges may be prosecuted under Virginia Code § 18.2-195, which prohibits several forms of credit card use and related conduct performed with intent to defraud. The particular elements depend on the conduct alleged.

Can gift card fraud be charged in Henrico County?

Yes. Virginia Code § 18.2-195 expressly addresses schemes to obtain gift cards or gift card redemption information by false or fraudulent pretenses, representations or promises when undertaken with intent to defraud.

Does the Commonwealth have to prove intent to defraud?

Intent to defraud is an element of many fraud offenses. Because intent concerns a person’s state of mind, the Commonwealth may rely on statements, financial records, communications, conduct and surrounding circumstances to attempt to prove it.

Can a Henrico fraud or forgery charge be dismissed?

Possibly. The outcome depends on the particular offense, intent, knowledge, authorization, identity, documents, financial records, witness credibility, value, statements and other evidence. Each statutory element and the Commonwealth’s evidence should be evaluated.

Where are Henrico fraud and forgery charges heard?

Adult misdemeanor cases are generally handled in Henrico County General District Court. Felony fraud and forgery charges may begin in General District Court and proceed to Henrico County Circuit Court or may proceed by indictment in Circuit Court.

Request a Confidential Henrico Fraud & Forgery Case Review

If you have been charged with fraud or forgery in Henrico County, early review can help identify the exact statute involved, what the Commonwealth must prove, what the financial or documentary records actually show and whether intent, authorization, knowledge, identity, value or other defense issues may affect the case. Our Henrico fraud and forgery lawyers represent clients facing misdemeanor and felony fraud and forgery charges in Henrico County. Contact us for a confidential case review and include the name on the paperwork, the Henrico court date, the exact charge and a copy or photograph of the available documents.

9/1/2026