If you have been accused of identity theft, it’s imperative to understand that these charges should not be taken lightly. These are serious charges that carry intense penalties. As such, it is critical to understand what warrants these charges, as well as the penalties you can face if you are convicted. The following blog explores what you must know about these circumstances, including the importance of working with a Cobb County criminal defense attorney to help you explore your legal options.
What Constitutes Identity Theft?
Identity theft occurs any time that someone, without consent or authorization, uses the personal or financial information of another person to commit fraud or crimes in their name. This includes using their Social Security number, full name, date of birth, credit or debit cards, log-in information, or even their address for your own personal gain.
Common forms of identity theft include, but are not limited to, the following:
- Opening loans in another person’s name
- Using someone else’s credit card information to make purchases
- Using the information of someone who is deceased
- Accepting information you know to be stolen or fraudulent
- Using another person’s insurance information to obtain medical treatment
- Filing another person’s taxes to receive their return
What Penalties Can I Face for This Offense?
Identity theft is a serious offense in Georgia. As such, a first offense can be charged as a felony, carrying up to ten years in prison and fines of up to $100,000. If you are caught using someone else’s information to obtain employment, this warrants an aggravated identity theft offense under Georgia law. As such, the penalties will increase to the potential for up to 15 years in prison and fines of up to $250,000.
Additionally, there are some circumstances in which identity theft can be charged as a federal offense. This occurs when particularly large sums of money are compromised, you commit identity theft across state lines, you commit other federal offenses in conjunction with the identity theft, or you compromise federal agencies.
You should also note that the victim(s) of your theft may pursue a civil suit against you. This means you may also be held financially responsible for the damages you’ve inflicted. Often, identity theft decimates the credit of victims, making it hard to obtain loans, receive favorable interest rates, or even be approved for housing. Additionally, they can incur legal fees if sued for outstanding fraudulent debts.
If you have been accused of or charged with identity theft in Georgia, it is in your best interest to seek legal representation immediately. At Miller Law Practice, our firm understands the severity of these charges and the impact a criminal conviction can have on your life. That is why we will do everything in our power to help you fight for the best possible outcome. Contact us today to learn how we can represent you.