Have You Been Charged with Destroying, Removing, Concealing, Encumbering, or Transferring a Security Interest in Georgia?
Fraud crimes in Georgia cover a multitude of topics from giving the wrong name to a police officer to identity theft to computer trespass. One of the lesser-known fraud crimes is endangering a security interest. However, even though it is not as talked about in the media does not mean its defense is not just as important. No matter what type of crime you have been charged with, you must hire experienced representation to assist you. While the consequences may appear minor, even a misdemeanor conviction will have an impact on your future. Call our Georgia Endangering a Security Interest Attorneys today and find out how we can assist with your case.
What is a Security Interest?
A security interest is an enforceable claim or lien which gives a creditor the right to repossess all or part of a property if the debtor fails in making payments or otherwise performing their obligations. An example of a security interest is when a person borrows money to buy a car. The lender has a security interest in the vehicle until the individual pays off the car.
According to O.C.G.A. § 16-9-51, it is illegal for another to destroy, remove, conceal, encumber, transfer, or otherwise deal with property subject to a security interest with intent to hinder enforcement of that interest. A conviction under this section will result in the defendant being guilty of a misdemeanor. Misdemeanor convictions in Georgia are punished by a maximum of $1,000 in fines, up to 12 months in jail, or both.
In addition if anyone destroys, removes, conceals, encumbers, transfers, or otherwise deals with property subject to a security internet with intent thinker enforcement of that security interest and in so doing does damage to the property in an amount greater than $500.00 shall be guilty of a misdemeanor of a high and aggravated nature. The penalty for a misdemeanor of a high and aggravated nature is a fine up to $5,000, up to one year in jail, or both.
The crime of endangering a security interest occurs when a person endangers the security interest to prevent enforcement of that interest. An example can be seen in Worth v. State. In that case, Worth bought a piece of machinery in which the First National Bank of Alma held a security interest in. The Bank tried to take possession of the machinery when Worth defaulted on the loan. However, they were unable to locate the machine. Worth testified that an unknown company took the machine to an unknown location. However, other testimony was presented showing that Worth sold the machine to his brother. Therefore, the court found Worth guilty of endangering a security interest by selling the machine to his brother. 179 Ga. App. 207, (1986).
There are always Georgia Criminal Defenses our attorneys can use to defend your case. If the property was transferred without intent to hinder the apprehension of the property, then that could be a defense. Additionally, evidence that the property was taken at no fault on your own would be helpful. We will investigate every angle of your case to prove that you did not endanger a security interest. It is in your best interest to call immediately after a charge or arrest to preserve evidence. Call now.
Lawson and Berry and their team of Georgia Endangering a Security Interest Lawyers have over 50 combined years of criminal defense experience. We are intimately familiar with the subtle differences that distinguish each of the crimes and will help you build a strong defense. We will investigate every detail surrounding your case and present all the options to you. Our office is open 24 hours a day, 7 days a week to answer your questions. Call now for a free case evaluation.