Have you Been Charged with Aggravated Identity Fraud in Georgia?
Identity fraud is a crime that is widely publicized, and one most of the public is familiar with. Identity fraud or identity theft involves the stealing of another's personal information in order to commit a crime or fraud. The personal information could include someone's social security number, driver's license number, credit card, checks, bank account information, or any other identifying information. If you or a loved one has been charged with identity fraud or aggravated identity fraud, you need assistance from our Georgia Identity Fraud Attorneys. Our office has over 50 years of criminal experience, and we are vital to you receiving a favorable outcome. Contact our offices today for a free case evaluation.
What is Aggravated Identity Fraud in Georgia?
O.C.G.A. §16-9-121.1 defines aggravated identity fraud as when a person willfully and fraudulently uses any counterfeit or fictitious identifying information concerning a real, fictitious, or deceased person with intent to use such counterfeit or fictitious identifying information for the purpose of obtaining employment.
Penalty for Aggravated Identity Fraud in Georgia
An aggravated identify fraud conviction in Georgia will be punished by a prison term between one to fifteen years, a fine up to $250,000, or both. It will be considered a felony conviction, which carries significant consequences outside of prison time or fines. A felony conviction can make it difficult to gain employment, obtain housing, receive credit, vote, or own a firearm in Georgia.
In addition to prison or fines, a court may order the defendant to make restitution to the victims of their crime.
Penalty for Attempting or Conspiring to Commit Aggravated Identity Fraud
O.C.G.A. §16-9-122 criminalizes the attempting or conspiring to commit aggravated identity fraud. If convicted of an attempt, the accused will be punished by prison, community service, fine, or by both. However, the punishment for an attempt cannot exceed the penalty for when aggravated identity fraud was actually committed.
Consent: If the defendant allowed you to use the identifying information, then a crime has not been committed.
The information was obtained lawfully: There are certain situations in which a person is allowed to get personal information such as when running credit checks or in the course of a genuine consumer or commercial transaction.
What are Not Defenses
There was no real injury because the person was fictitious or deceased: It does not matter whether or not the person is still living or deceased or made up; it is still considered identity fraud.
I thought I had permission to use the information: Without specific authorization or consent, it is illegal to use another person's identifying information. A misunderstanding will not be sufficient to avoid a conviction.
It was only to obtain employment: Many identify fraud crimes involve making purchases using someone else's information or bank card. However, aggravated identity fraud occurs when information is used to obtain employment.
Identity fraud crimes can be difficult to defend against because a lot of the evidence is very technical. You need an experienced Georgia Criminal Defense Attorney to help you navigate the legal system and to help prepare the best defense. Lawson and Berry and their team of Georgia Identity Fraud Attorneys will ensure your rights and your future are protected during this difficult time. Felony convictions are not to be taken lightly so let someone help that cares about your future as much as you do. Contact us today for a free case evaluation.