Identity theft is both a state and federal crime in Georgia. It generally occurs when someone uses another person’s personal identifying information without that person’s consent, with the intent to commit fraud. However, it also includes crimes such as possessing fake, counterfeit, or stolen IDs for criminal purposes.
Identity fraud is a serious crime in Georgia, carrying felony-level penalties, but it also requires prosecutors to prove that the intent was unlawful. The experienced theft defense lawyers at Ghanayem & Rayasam in Atlanta, GA, are immediately available to secure the best result in your case.
Elements of Identity Theft Under GA Code § 16-9-121
Identity fraud occurs when a person willfully and fraudulently uses another person’s identifying information without consent. Even with consent, offenders are not permitted to use the personal information of custodial minors (generally, your children or grandchildren) or a deceased person. The crime also encompasses creating, using, or possessing counterfeit IDs and credit cards for illicit purposes.
Defining Identifying Information in Georgia
GA Code § 16-9-120 sets forth the list of ‘identifying information’ subject to theft, but this list isn’t exclusive. In Georgia, this information includes the following:
- Names (current or former)
- Social security numbers
- Driver’s license numbers
- Bank account numbers
- Credit/debit card numbers and PINs
- Digital signatures
- Medical IDs
- Birth dates
- Tax ID numbers
- Federal or state identifying information
If the information can be used to access the person or entity’s resources or healthcare record, possessing it without consent may support identity theft charges in Georgia.
Penalties for Identity Theft Convictions in Atlanta
Identity fraud is a felony in Georgia, carrying specific mandatory minimum penalties. GA Code § 16-9-126 states that offenders are subject to a term of not less than one year in prison, with sentences ranging up to 10 years and fines of up to $100,000. Second-time offenders face a minimum of 3 years in prison.
Additionally, those convicted of general or aggravated identity theft will be ordered to pay restitution to any victims. These white-collar charges can also impact your future employability and even your ability to open bank accounts and get a mortgage. Retaining identity theft defense counsel now is necessary to protect yourself from these severe direct and collateral penalties.
Defenses to Atlanta Identity Fraud Charges
Have you ever watched a movie where a character flashes a realistic-looking passport to the audience? Possessing a fake ID isn’t a crime in itself. Neither is using a family member’s credit card without his or her permission. In Georgia, identity theft is a specific-intent crime. Prosecutors must show that you both willfully obtained the information (not accidentally picked up the wrong wallet) and intended to use that information to commit a crime. The best defense to identity fraud charges often involves challenging intent.
Atlanta, GA, Identity Theft Defense Lawyers
Identity fraud is a serious felony in Georgia, carrying mandatory jail time and significant fines. If you’ve been charged with identity fraud, aggravated identity fraud, or conspiracy in Atlanta, immediately contact the white-collar criminal defense attorneys at Ghanayem & Rayasam. Call (404) 561-0202 or connect online with our theft crimes defense team today.