Georgia law considers several independent crimes under the umbrella of fraud, including forgery, deposit fraud, credit card fraud, and identity fraud. The legal definition of fraud is “using deceitful or dishonest means to get something of value.” This definition is quite broad, and it encompasses different types of crime and penalties that are strict and severe.
If you have been accused of fraud, it is vital to contact an experienced Atlanta fraud defense attorney. The attorneys at Abt Law Firm, LLC have over 29 years of experience helping people accused of fraud in Atlanta. We have the knowledge and experience needed to help you get the best possible results for your case.
To speak with our experienced Atlanta fraud defense lawyers, give us a call at (770) 977-6105 or contact us online today.
Georgia Fraud Laws
Forgery
Georgia law has two separate classifications of forgery, both of which are felony offenses. The differences are as follows:
- Forgery in the 1st Degree – This is when a person attempts to use or is successful in using documents that are altered, created, or fictitious with the intent of making someone else believe that they are something else.
- Forgery in the 2nd Degree – This is when an individual alters, creates, or possesses a document with the intent to make someone else believe that it was created by someone else or at a different time. Forgery in the 2nd degree is a lesser offense.
If convicted of forgery, the defendant will be subject to fines that vary depending on the individual situation. Additionally, the defendant may be subject to incarceration in prison. Conviction of forgery in the 1st degree is punishable by up to 10 years in prison. Forgery in the 2nd degree is punishable by up to 5 years in prison.
Deposit Fraud
Depositing bad checks is a common crime in Georgia, and most often occurs when someone uses a check at a retail location knowing that the account is closed, or that there are insufficient funds to cover the amount. The penalties for deposit fraud vary depending on the value of the check, as follows:
- $100 or less – A misdemeanor charge punishable by a fine of up to $500 and up to 1 year in prison
- $100-$300 - A misdemeanor charge punishable by a fine of up to $1,000 and up to 1 year in prison
- $300-$499 – An aggravated misdemeanor punishable by a fine of up to $5,000 and up to 1 year in prison
- $500 or more - A felony punishable by a fine of up to $5,000 and up to 3 years in prison
- Out of state – Any valuation is punishable by a fine of up to $1,000 and up to 5 years in prison
Credit Card Fraud
Credit card fraud is an easy crime that carries serious consequences. In many cases, retailers fail to compare signatures or photographs of the individual, or the driver’s license or identification information against the card. In Georgia, these behaviors are illegal and are subject to felony charges and strict penalties if convicted. A conviction of credit card fraud is punishable by a fine of up to $5,000 and up to 3 years in prison.
Identity Fraud
Identity fraud can occur in many ways, including the unlawful use of another person’s social security number, identifying the material, or other fraudulent or fictitious information. Identity fraud is punishable by a fine of up to $100,000 for a 1st offense or $250,000 for a 2nd or subsequent offense. Additionally, a conviction is punishable by up to 10 years in prison for a first offense and 15 years in prison for any additional offenses.
Common Defenses to Fraud Charges in Georgia
Fraud charges, which typically involve accusations of deceit or misrepresentation for financial gain, can be complex and carry severe penalties. Defending against fraud charges requires a strategic approach tailored to the specific facts of the case.
Here are some common defenses used in fraud cases:
- Lack of Intent: One of the most common defenses against fraud charges is the argument that the accused did not have the intent to defraud. Fraud typically requires proving that the accused knowingly and intentionally deceived someone. If the defense can show that the actions were unintentional or that there was a misunderstanding, this could undermine the prosecution’s case.
- Good Faith: The defense may argue that the accused acted in good faith, believing their statements or actions to be true and lawful. If the accused genuinely believed that the information provided was accurate and had no intent to deceive, this can be a strong defense. This often involves showing that the accused took reasonable steps to ensure the accuracy of the information or relied on advice from professionals.
- Lack of Knowledge: In some cases, the accused may claim that they were unaware that their actions were fraudulent. For example, if an employee was following orders from a superior or if the accused was unaware that certain information was false, they might argue that they lacked the necessary knowledge to commit fraud.
- Mistaken Identity: The defense may argue that the accused has been wrongly identified as the perpetrator of the fraud. This defense is used when there is evidence suggesting that someone else committed the fraudulent acts, or when the prosecution’s evidence linking the accused to the crime is weak or flawed.
- Absence of Misrepresentation: For a fraud charge to stick, the prosecution must prove that a false statement or misrepresentation was made. The defense may argue that the statements or actions in question were not actually false or misleading, or that they were mere opinions or estimates rather than statements of fact.
- No Reliance: Fraud charges often require proving that the victim relied on the false statements or misrepresentations made by the accused. The defense might argue that the victim did not actually rely on the accused's statements when making a decision or that the reliance was unreasonable given the circumstances.
- Entrapment: In some cases, the defense might argue that the accused was induced or coerced into committing fraud by law enforcement officers or agents. For an entrapment defense to be successful, it must be shown that the criminal conduct was the direct result of government inducement and that the accused was not predisposed to commit the crime.
- Statute of Limitations: Fraud charges must be brought within a specific time frame, known as the statute of limitations. The defense may argue that the charges should be dismissed if the alleged fraud occurred outside this period. This defense is often technical and requires careful analysis of when the alleged fraudulent activity occurred and when charges were filed.
- Consent: In some instances, the defense may argue that the alleged victim consented to the actions in question. If the victim knowingly participated in a transaction or action that is now being characterized as fraudulent, this can weaken the prosecution's case.
- Duress or Coercion: Similar to other criminal defenses, the accused might argue that they committed the fraudulent acts under duress or coercion, meaning they were forced to engage in the fraudulent behavior under threat of harm to themselves or others.
Each of these defenses requires a detailed understanding of the facts, the law, and the evidence in the case. If you want to learn more about your rights and options, call our firm today to discuss your case with an attorney.
Protect Your Rights with an Experienced Atlanta Fraud Defense Attorney
Being accused of fraud can have serious legal consequences and impact your reputation. It's crucial to have a skilled fraud defense attorney on your side to protect your rights and provide you with a strong defense.
Whether you are facing charges for forgery, deposit fraud, credit card fraud, identity fraud, or any other type of fraud, our knowledgeable legal team can help. We will thoroughly investigate your case, develop a strategic defense strategy, and aggressively advocate for your rights in court.
Don't risk your future by facing fraud charges alone. Contact The Abt Law Firm, LLC today to schedule a consultation with a dedicated fraud defense attorney near you.
Fraud Attorney Near Me
If you want to avoid a permanent record of fraud allegations, it is vital to contact an experienced criminal defense attorney who can reduce or even dismiss your case. The attorneys at Abt Law Firm, LLC have over 29 years of experience helping people accused of fraud get the best possible results for their case.
We have successfully handled over 2,500 cases and over 100 jury trials. Our legal team can help you get the best possible result for your case. We have the knowledge and experience needed to help you!
To speak with our experienced Atlanta fraud defense lawyers, give us a call at (770) 977-6105 or contact us online today.
