Facing identity theft charges in Georgia is a serious matter. State prosecutors aggressively pursue these cases, and convictions can result in lengthy prison sentences, steep fines, and long-term repercussions to your personal life and criminal record. Understanding what identity theft means under Georgia law and the potential consequences of a conviction is the first step in protecting your rights. For more information and to secure skilled legal representation, read on and consult with a knowledgeable Cobb County criminal lawyer today.

What is Identity Theft?

Identity theft is the criminal offense of using or possessing another person’s identifying information without authorization to commit or attempt to commit fraud or another crime. This includes using another person’s name, date of birth, Social Security number, credit card number, or banking information to gain money, goods, services, or other benefits

In Georgia, identity theft is defined under the Official Code of Georgia Annotated § 16-9-121. A person commits identity fraud when they willfully and fraudulently:

  1. Without authorization or consent, use or possess with the intent to fraudulently use identifying information concerning a person
  2. Use identifying information of an individual under 18 years old over whom he or she exercises custodial authority
  3. Use or possess with the intent to fraudulently use identifying information concerning a deceased individual
  4. Create, use, or possess with the intent to fraudulently use counterfeit or fictitious identifying information concerning a fictitious person with the intent to commit or facilitate the commission of a crime or fraud on another person
  5. Without authorization or consent, create, use, or possess with the intent to fraudulently use any counterfeit or fictitious identifying information concerning a real person with the intent to commit or facilitate the commission of a crime or fraud on another person

Any of these actions can be charged as identity theft under Georgia law.

Examples of Identity Theft

Some common examples of identity theft include the following actions.

  • Opening a credit card in another person’s name
  • Using another person’s Social Security number to take out a loan
  • Using stolen personal information to obtain medical treatment or employment
  • Making online purchases using another person’s financial information
  • Posing as another person to avoid criminal charges or paying debt

Identity theft can take many forms, but these are some common examples of offenses that are seen across the state and country.

What Are the Consequences of an Identity Theft Conviction in GA?

Identity theft is considered a felony offense under Georgia law. A conviction can result in 1 to 10 years in prison and fines up to $100,000 per individual charge. Each use of another person’s identity can be charged as a separate offense, which can lead to multiple consecutive sentences.

Aggravating circumstances can also enhance your charges and penalties. Because of the severity of the repercussions, it is crucial that you work with a skilled attorney during your case. Reach out to an experienced criminal defense lawyer today for more information.