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Fraud & Identity Fraud

If you have been charged with identity fraud in Georgia, then you need expert help. Georgia has extensive laws in place to deal with identity fraud and the related transaction card crimes it gives rise to. You will need a criminal defense attorney that has years of experience in the federal court system to help you win your criminal case. Our legal team is standing by to help represent clients like you.

What is Identity Fraud?

Identity fraud is one of the most common types of fraud. You have likely heard it referred to more often as "identity theft", and you can be charged with it if you:

  • Open a bank account in someone else’s name
  • Obtain credit in someone else’s name
  • Sell or transfer a person’s identifying information like their drivers' license number or social security number
  • Use someone else’s bank account or credit card without their permission

In order to convict you of identity theft, the state has to prove that you willingly obtained someone else’s identity for unlawful purposes. Even if you did obtain someone else’s identity through unlawful means, if you did not use it for criminal purposes, then you cannot be held liable for identity fraud. You cannot be found guilty of identity theft if the alleged victim gave you their express permission to use their identity either.

How Serious is Identity Fraud?

As technology makes it easier to get a hold of people's identification documents, there has been an increase in victims of identity theft. This has led lawmakers to treat identity fraud as a serious criminal matter. Identity theft is always a felony in Georgia. You can be charged with it if you:

  • Accept identifying information that you know is stolen, fraudulent or fictitious and use it for identification purposes.
  • Use, create or possess false identification that is based off a real person with the intent to commit a crime.
  • Create, possess or use false credentials that are based off a made-up person with the intent to commit a crime.
  • Use the identifying information of a person in your custody that is under eighteen.
  • Use or possess someone else’s identifying information without their consent and with the intent to commit a crime.

If you are charged with identity fraud in Georgia, you could find yourself facing up to ten years of prison, a fine of up to $10,000, or both.

What is Phishing?

Phishing is the act of posing as a reputable business in order to illegally gain electronic access to others’ personal identifying information, such as their date of birth, social security number, or taxpayer identification number. A common example is sending an email that claims to be from a bank or a credit card company, encouraging the target to enter their personal information and giving the person running the fraudulent site access to it.

It is a felony to distribute or sell information obtained in this manner or to use said information to defraud someone. It is also a felony to use electronic false representation to deceive others into giving you their personal information. If you are found guilty of phishing, you could be looking at up to twenty years in prison, a fine of no less than $1,000.00 and up to $500,000.00, or both.

What is Aggravated Identity Fraud?

Under Georgia law aggravated identity fraud is when someone uses another person’s identifying information, whether real, dead or fictitious, in order to gain employment. This is considered a felony offense, punishable by up to fifteen years in prison, a fine of $25,000.00 or both.

As you can see, the penalties for being convicted of any type of identity fraud in Georgia are very steep. With penalties this high, you can't afford not hiring a criminal defense lawyer. Call the Don Turner Legal Team today for a free consultation and see how we can help you fight your identity fraud charges.

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