Identity theft is a serious crime that is prosecuted harshly by the state. If you have been accused of stealing someone’s identity for fraudulent purposes, contact a DeKalb County identity theft lawyer at your earliest convenience. You should exercise your right to defend yourself against misguided, incorrect, or slanderous accusations by contacting a fraud attorney.
Working with a reputable legal professional helps create a viable defense and can provide invaluable peace of mind. Hiring an attorney helps you complete every necessary step to defend your actions.
The state refers to identity theft as identity fraud in all law writings. According to Georgia Code § 16-9-120, identity theft occurs when one individual uses another person’s information to commit deceitful acts. Examples of these offenses include:
The state does not apply identity fraud laws to individuals under 21 years old who use fraudulent, counterfeit, or other false identification information. Such information is typically used to obtain entry into age-restricted businesses such as bars and liquor stores. False identification information can also be used to purchase various goods, such as beer, wine, and liquor. While the underage individual will not face identity fraud charges, a DeKalb County attorney could defend them against fake ID accusations.
Identity fraud is a felony according to state law, so a convicted individual could receive a minimum of one year in prison. Depending on the severity of the case, a defendant could receive up to 10 years’ imprisonment. Other penalties include fines of up to $100,000. If the crime is a second offense, a conviction could include up to 15 years in prison and up to $250,000 in fines.
A DeKalb County identity theft lawyer could use different defenses depending on the nature of the case, such as lack of intent. The prosecution must be able to prove the defendant intended to use personal information for fraudulent reasons or did use the information to commit fraud. If the defense attorney can show the defendant had no intention of committing fraud through various evidence, the case could be dismissed.
Common defenses also include permission to have or use personal information, such as if the defendant was given the credit card of a friend or family member to go grocery shopping and was arrested for using the card. In that case, ID theft charges would get thrown out because the individual obtained consent before use.
Additional defenses focus on lawful personal information obtainment. State law does not view legal obtainment of information as identity fraud, such as acquiring credit card information for commercial transaction purposes. Creditors who act in good faith are not committing crimes and therefore cannot be convicted of identity theft.
Take action regarding your recent accusation by booking an appointment with a DeKalb County identity theft lawyer. Our firm’s attorneys could provide aggressive representation that could help you reduce your sentences or have your case overturned. Contact us today to start the legal process and learn more about your options.