Fayetteville, Ga. - According to reports out of Fayette County, a local Covington woman has been arrested as of the last week for fraud.
Authorities arrested the woman at her residence after she set off red flags by attempting to cash a check that was stolen from a local mailbox. The check was written by an elderly couple for an unrelated payment for services.
As a Georgia Criminal Defense Lawyer, I will outline one of the Fraud Crimes in Georgia - identity fraud.
Identity Fraud in Georgia
The Georgia Code defines identity fraud in Georgia by outlining the various ways that an individual can commit the offense. The statute is O.C.G.A. §16-9-121 and states the a person commits identity fraud when he or she both willfully and fraudulently:
- Without authorization or consent, uses or possesses with intent to fraudulently use identifying information concerning a person.
- Uses identifying information of an individual under 18 years old over whom he or she exercises custodial authority.
- Uses or possess with intent to fraudulently use identifying information concerning a deceased individual.
- Creates, uses, or possess with intent to fraudulently use any counterfeit or fictitious information concerning a fictitious person with intent to use such counterfeit or fictitious identification information for the purpose of committing or facilitating the commission of a crime or fraud on another person.
- Without authorization or consent, creates, uses, or possesses with intent to fraudulently use any counterfeit or fictitious identifying information concerning a real person with intent to use such counterfeit or fictitious information for the purpose of committing or facilitating the commission of a crime or fraud on another person.
- Accepts identifying information, which they know to be fraudulent, stolen, counterfeit, or fictitious for the purpose of identification.
Identity fraud is classified as a felony offense in Georgia. This means that if convicted of identity fraud, the penalty can include up to ten years in prison and a fine up to $100,000.
The penalties for subsequent convictions of identity fraud increase with each conviction.
Practice Note
Call our offices now if you have been arrested for any type of crime within the state of Georgia.
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