Financial Identity Fraud
If you have been charged with financial identity fraud, do not hesitate to speak with a Norcross white-collar crime attorney to avoid a conviction.
Being charged with financial identity fraud or theft is a serious crime in Georgia. If you are facing identity fraud charges, it is critical to consult with an experienced attorney to advise you of the defenses available to you.
Speak with our Norcross white-collar crime attorneys at Zimmerman & Associates to discuss your situation and determine potential defense strategies in your specific case.
What is Financial Identity Fraud in Georgia?
In today’s world of online shopping, e-Commerce, online banking, and ATMs, anyone can be charged with financial identity fraud. Common examples of financial identity fraud include:
- Using someone else’s checks to purchase items
- Using credit cards left in the ATM
- Purchasing items online using someone else’s credit card
- Opening a credit card using someone else’s identity
Under O.C.G.A. § 16-9-121, you can face identity fraud charges if you willfully, knowingly, and fraudulently:
- Possess, use or attempt to use the identifying information of another person without their consent;
- Use the identifying information of a child over whom you exercise custodial control or supervision;
- Use the identifying information of a deceased person; or
- Create or use counterfeit or fake identifying information of a fictitious or real person with the intent to facilitate or commit fraud on another person.
In Georgia, you can also be charged with financial identity fraud if you willingly accept identifying information that you know to be stolen, fictitious, or fraudulent with the intent to use it for identification.
What are the Defenses to Financial Identity Fraud Charges in Georgia?
The most effective defenses to financial identity fraud charges include:
- Permission. You had the other person’s permission to use their identifying information.
- Mistaken identity. Law enforcement officers got the wrong person.
- Lack of evidence. The prosecution does not have sufficient evidence to prove that you are guilty of financial identity fraud.
- The identifying information was obtained lawfully. If the prosecution cannot prove that you obtained the identifying information unlawfully, they cannot convict you of identity fraud.
- No intent to commit fraud. If you merely possess someone else’s identifying information with no intent to commit fraud, you may not be convicted of a crime if you obtained the information lawfully.
In Georgia, identity fraud is considered a felony. If you are convicted of financial identity fraud, you may be sentenced to up to 10 years in prison and/or ordered to pay a maximum of $100,000 in fines and restitution to the victim.
Consult with a Norcross Financial Identity Fraud Attorney
If you are facing financial identity fraud charges, it is advisable to consult with a knowledgeable criminal defense attorney. Talk to a Norcross white-collar crime attorney before you speak with law enforcement officers or government officials.
At Zimmerman & Associates, our focus is to represent our clients and protect their rights throughout the criminal justice process. Call (770)-350-0100 or complete our contact form to schedule a free consultation.