Atlanta Identity Theft Defense Attorney

Skilled Defense for Identity Theft Charges in Georgia

In the age of modern technology, the issue of identity theft has become a severe concern for consumers in Georgia and all across the United States. Identity theft is also a complex area of the law because there are many separate offenses under “identity theft.” You may face severe consequences if you have been charged with identity theft. It is vital to contact an experienced attorney who can help you get your charges reduced or even dismissed. The attorneys at Abt Law Firm, LLC have over 29 years of experience representing people accused of identity theft in Georgia. 

Call The Abt Law Firm, LLC today at (678) 582-2272 or contact us online to schedule a meeting with our identity theft attorney and lawyer!

Understanding Identity Theft

Identity theft involves the unauthorized use of someone else's personal information, such as their name, Social Security number, or credit card details, usually with the intent to commit fraud or gain financially. This illegal activity can manifest in various ways, including credit card fraud, bank fraud, or medical identity theft, resulting in substantial financial damage for victims and severe legal consequences for those charged.

Identity Theft Law in Georgia

Different types of crimes are considered identity theft. Identity theft crimes face serious consequences that can affect a person’s freedom and future. It is important to note that Georgia law does not consider a minor using fake identification to purchase alcohol or tobacco products or to get into a bar under the umbrella of identity theft. These crimes are classified under separate statutes with their penalties.

Under Georgia law, all of the following are forms of identity theft:

• Using another person’s information without consent to commit fraud.
• Using the information of a minor in the individual’s custody.
• Using the information of a deceased individual.
• Creating a false or fictitious identity to commit fraud or other crimes.
• Creating, counterfeiting, or falsifying another person’s information to commit fraud or other crimes.
• Accepting information known as false, fraudulent, or fictitious.

What are the Penalties for Identity Theft in Georgia?

Georgia law considers identity theft charges a felony with strict penalties if a conviction is obtained. Penalties for a conviction may result in the following:

• First offense - Fines of up to $100,000, between 1 and 10 years incarceration in prison, or both.
• Second or subsequent offense - Fines of up to $250,000, between three and 15-years incarceration in prison, or both
• Aggravated identity theft—A crime is considered aggravated when additional mitigating circumstances exacerbate it, such as using someone else’s identity to obtain employment. The penalties for aggravated identity theft include fines of up to $250,000 and up to 15 years incarceration.
• Forgery—Forgery is a separate set of charges divided into first- and second-degree offenses. First-degree forgery is punishable by one to 10 years in prison, and second-degree forgery is punishable by 1 to 5 years.

In addition to these penalties, the State of Georgia may seek additional penalties depending on the nature and extenuating circumstances of the incident that resulted in criminal charges.

Understanding the potential penalties is crucial, as they highlight the importance of having a skilled Atlanta identity theft lawyer to defend your case.

Defenses Against Identity Theft Charges

At The Abt Law Firm, LLC, we employ a variety of strategies to defend our clients against identity theft charges, including:

• Lack of Intent: A strong defense can demonstrate no intent to commit fraud or theft.
• Mistaken Identity: Arguing that you have been wrongly identified as the perpetrator of the crime.
• Insufficient Evidence: Challenging the prosecution's evidence, showing that it is not sufficient to prove your guilt beyond a reasonable doubt.
• Consent: Proving that you had permission to use the identifying information in question.
• Constitutional Violations: Arguing that your rights were violated during the investigation or arrest can result in the exclusion of evidence or even the dismissal of the case.

Contact Our Atlanta Identity Theft Lawyer Today 

Anyone in Georgia charged with identity theft should obtain legal representation immediately after arrest. Because this is such a complex area of law, it is essential to have the guidance of an experienced Atlanta criminal defense attorney who can examine all aspects of the arrest and pending charges. A skilled criminal defense attorney can often negotiate a more favorable outcome than incarceration and steep fines. The attorneys at Abt Law Firm, LLC have over 29 years of experience helping the people of Atlanta. We have successfully handled over 2,500 cases and 100 jury trials. Our team is equipped to help you obtain the best possible results for your case.

Contact The Abt Law Firm, LLC today to schedule a meeting with our identity theft attorney in Atlanta!