DeKalb County Identity Theft Lawyer

Using identifying information belonging to another individual without that person’s consent could result in identity theft charges. Identifying information includes another person’s name, social security number, or mother’s maiden name, for example. If found guilty for this offense, you may be sentenced to jail and be ordered to pay an expensive fine.

In order to avoid the consequences a potential conviction may have, it may be worthwhile to reach out to a DeKalb County identity theft lawyer. A skilled fraud defense attorney could sit with you to discuss the details of the charges and help you plan a convincing defense to be presented in the case.

What Constitutes Identity Theft in DeKalb County?

According to the Official Code of Georgia Annotated §16-9-12, identity theft occurs when a person commits any of the following actions willfully and fraudulently:

  • Using the identifying information of a deceased individual
  • Using another person’s identifying information without authorization
  • Possessing another person’s identifying information without consent and with the intent to use that information fraudulently
  • Creating, using, or possessing fictitious identifying information for a fictitious person with the intent to use that information to commit fraud on another person
  • Creating, using, or possessing counterfeit identifying information for a real person with the intent to use that information to commit fraud on another person
  • Using the identifying information of a minor for whom a person is the parent or guardian

Identity fraud can also occur by receipt of fraudulent identifying information, which means that a person who willingly and knowingly accepts stolen, counterfeit, or fictitious identifying information from another person for identification purposes also commits identity fraud. An identity theft lawyer in DeKalb County could answer questions about the laws on identity fraud. An experienced attorney could also provide more information about whether certain actions meet the legal definition of identity fraud.

Aggravated Identity Fraud Laws

As stated by O.C.G.A. §16-9-121, a person commits aggravated identity fraud when they willfully and fraudulently use fake or counterfeit identifying information concerning a real, fictitious, or deceased person with the purpose of obtaining employment.

Penalties for Identity Theft Offenses in DeKalb County

The penalties for committing identity fraud in DeKalb County include a prison sentence of between one and ten years and a fine up to $100,000. If subsequent identity fraud offenses are committed, the penalties increase to three to 15 years imprisonment and a fine up to $250,000. Restitution might also be mandated by the court.

The penalty for committing aggravated identity fraud is a prison term of one to 15 years and a fine up to $250,000. Additionally, a sentence for aggravated identity fraud must be served consecutively to any other sentences that might have been imposed, meaning the sentence cannot be served concurrently with another sentence.

Contact an Identity Theft Attorney in DeKalb County

A conviction for identity theft could result in a lengthy prison sentence, a hefty fine, and court-ordered restitution. If you are facing identity theft charges, a DeKalb County identity theft lawyer could help you fight the charges and work to minimize any potential legal penalties.

You do not have to face identity theft charges on your own. When you retain an attorney, you could have someone on your side fighting for you and your constitutional rights. Contact an identity theft attorney in DeKalb County for assistance with your case.


Hawkins Spizman

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