Opening a line of credit is imperative when you become an adult, as it can serve as the basis for your financial future. Generally, credit cards are the first step for young adults to build up their credit, eventually allowing them to take out car loans, apply for apartments, and even receive a loan for a home. That’s why card fraud is taken very seriously in Georgia. Unfortunately, many charged with this offense do not understand the severity of the charges against them and thus do not retain the legal guidance of a Cobb County criminal defense lawyer. If this reflects your circumstances, you’ll want to keep reading to learn more about the charges against you and the potential consequences.
What Is Card Fraud in Georgia?
Card fraud, officially known as “financial transaction card theft,” is not just stealing a credit or debit card. Generally, any time you take a card that does not belong to you without the permission of the cardholder with the intent to use, give it away, or sell it, it is considered financial transaction card theft. Additionally, the theft does not have to be a physical taking of the card. For example, if you steal someone else’s credit card number and create a fraudulent card with those numbers, this can also lead to charges.
Actions That Can Lead to Credit Card Fraud Charges
- Taking a credit or debit card from the owner without their consent
- Possessing a card known to be stolen with the intent to use it
- Taking or purchasing a card known to be stolen with the intent to use it
- Possessing a card known to be stolen with the intent to sell it
- Making purchases using another person’s financial information
- Using an ATM or debit card without authorization
- Using stolen credit card information to create fraudulent cards
Common Examples of Credit Card Fraud Cases in Georgia
- Using someone else’s Social Security number to open a credit account
- Creating counterfeit cards using stolen information
- Using the information of a deceased individual for financial gain
- Online purchases made with stolen credit card numbers
- Possessing multiple stolen cards during a traffic stop or investigation
- Purchasing items using stolen credit cards’
In Georgia, credit card investigations in Georgia generally involve digital evidence, banking details, surveillance footage, online transactions, and account data. As such, these cases are generally more complex, especially when allegations involve online purchases, counterfeit accounts, or multiple financial transactions.
Important Legal Distinction Under Georgia Law
It’s important to understand that you may face felony charges even if you never made a formal purchase with a fraudulent card. This is because the prosecution must only prove the intent to sell, use, transfer, or otherwise unlawfully possess the credit card or account information. This is critical, as many unfortunately assume they cannot face charges if no money was stolen.
What Are the Potential Penalties for Credit Card Fraud in Georgia?
Credit card fraud penalties can be intense, as these are considered felony offenses under Georgia law. However, the penalties for this offense will vary depending on the value involved, the number of victims, whether or not organized fraud was involved, prior criminal offenses, and whether or not any other fraud charges are filed.
Potential Criminal Penalties
- One to five years in prison for financial transaction card theft
- Fines of up to $5,000
- Felony criminal records
- Victim restitution
- Probation and court supervision
- Additional penalties if the card was actually used
Additional Charges Prosecutors May File
In many instances, the prosecution may file additional fraud charges, which often include:
- Identity fraud
- Possession of counterfeit identification
- Wire fraud, under certain federal investigations
- Computer crimes
- Theft by deception
- Forgery
Repeat Offender Penalties
Repeat fraud offenses can often result in:
- Large fines
- Increased risk of prison time
- Strict plea negotiations
- Harsh probation conditions
What Does Georgia Law Say About Financial Transaction Card Fraud?
Georgia statutes criminalize unauthorized possession and use of financial transaction cards and identifying information.
Georgia Statutes Commonly Associated with Credit Card Fraud Cases
- O.C.G.A. § 16-9-31 – Financial transaction card theft
- O.C.G.A. § 16-9-33 – Financial transaction card fraud
- O.C.G.A. § 16-9-121 – Identity fraud
- O.C.G.A. § 16-9-1 – Forgery and related offenses
Why These Statutes Matter
In Cobb County and the surrounding Atlanta metropolitan area, prosecutors and law enforcement investigate allegations of financial card fraud seriously. AS such, those in Marietta or surrounding Georgia communities can face both state and federal offenses, depending on the circumstances of the case.
What Defenses Are Available in Credit Card Fraud Cases?
Every fraud case depends on the facts of the specific case, the evidence gathered by the prosecution, and how law enforcement conducted the investigation.
Potential Legal Defenses
- You had permission from the cardholder to use the card
- You had the intent to return the card
- You did not know the card was stolen
- You have been falsely accused
- The card is a family member’s for whom you are an authorized user
- You did not intend to commit fraud
Constitutional and Procedural Defenses
- Your constitutional rights were violated during the investigation
- Evidence was seized improperly
- Statements made were coerced
- Digital evidence was mishandled
Contact an Experienced Georgia Criminal Defense Attorney
Regardless, you should connect with an experienced criminal defense attorney from the Miller Law Practice to help you navigate these complex matters. Unfortunately, many assume they can represent themselves in these matters, which is far from the truth. Our firm has the necessary experience to assist you through these matters. Learn how we can assist you further by scheduling a consultation with a member of our dedicated team. Contact us today.
