What to Know About Identity Fraud Penalties in Georgia

If you have been charged with identity fraud in Georgia, continue reading to learn the penalties you may receive. If you require defense services, look no further than our experienced Georiga criminal defense attorney. Give our firm a call to learn more about our services and how we can assist you.

What is identity fraud?

In Georiga, identity fraud is defined as an individual using another person’s personal data without their authorization with the intent to defraud that person. An identity fraud offense occurs, according to O.C.G.A § 16-9-121, in Georgia, when an individual intentionally and without the person’s consent acts in one of the following ways:

  • Receiving fraudulent identification information from a third party if they know it to be fraudulent, stolen, or counterfeit.
  • Creating, using, or possessing counterfeit or fake identifying information of a person who does not exist to facilitate the commission of fraud against a victim
  • Creating, using, or possessing counterfeit or fake identifying information of a person who does exist to defraud that person
  • Using or possessing identifying information of any of the following individuals:
    • Any deceased person
    • A minor child that the accused has custodial authority of
    • Any other person in which the accused has the intent to defraud

However, under this code section, a person under the age of 21 years old cannot be prosecuted for using a counterfeit, fraudulent, or otherwise face I.D. for the purpose of entering an adult establishment or by attempting to purchase alcohol.

Some common examples of identity fraud include the following:

  • Opening a credit card using a deceased person’s social security number
  • Purchasing items with a stolen ATM card
  • Presenting a stolen check to a business to purchase items
  • Opening a credit card using someone else’s social security number

One of the most common white-collar crimes committed in Georiga is identity fraud.

What are the penalties of identify fraud in Georgia?

Identity fraud is considered a felony offense in Georiga. When an individual is convicted of identity fraud in Georiga, they could be sentenced from one to ten years in prison, according to O.C.G.A. § 16-9-126. After the conviction, the court will have the discretion to impose a fine of up to $100,000. The court could also order the individual to pay restitution to the victim.

It is also important to understand that. subsequent conviction of identity fraud will increase the penalties to three to 15 years in prison, fines of up to $250,000, and the potential to be ordered to pay restitution.

Contact Our Experienced Firm

At the Miller Law Practice, we support clients through a variety of legal matters. If you are facing criminal charges, or have been injured due to the negligence of another party, our firm will fight for you. Contact Miller Law Practice today.