Identity Fraud O.C.G.A. 16-9-121
Prove Your Innocence Regarding Your Atlanta Georgia Identity Fraud Charge with the Help of a Yeargan & Kert, LLC Lawyer
Identity Fraud, commonly called identity theft in Atlanta Georgia, is the criminal act of using another individual’s identity for financial reasons. Identity fraud is a type fraud crime. Fraud is the intentional act of taking to obtain money or something of value in an illegal way. Let the skilled criminal defense lawyers at Yeargan & Kert, LLC fight these charges for you.
An Identity Fraud Charge is not the same as a Forgery in Atlanta Georgia
Identity fraud and forgery are sometimes used interchangeably by people who are familiar with the terms. They have some similar elements. For example, they both involve some kind of financial wrongdoing.
To be charged with forgery means you allegedly intentionally defrauding a victim. You are accused of defrauding the alleged victim by tricking them, deceiving them or deceiving them. The act of defrauding in a criminal charge can range from signing a fake document to creating one.
Another difference between forgery and fraud is that fraud is not broken into degrees. Forgery is separated into three different degrees:
First degree forgery involves the intent to defraud by knowingly making, altering or possessing any type of written document other than a check. Like fraud, the document has a fake name or altered information to allegedly give you authority to do something.
Second degree forgery another degree type. The intent to defraud by knowingly making, possessing or altering a document in such a way that the person received authority or something of value they would not normally receive. This does not include a written check.
Another charge is third degree forgery. It involves the intent to defraud by altering, possessing, uttering, making or delivering a check written in the amount of $1,500 or more.
The last degree, the fourth degree forgery, involves the intent to defraud by doing the same thing as third degree forgery. Fourth degree forgery charge is for an amount less than $1,500.
You can be charged with one or both crimes in Atlanta Georgia. However, they cannot be used interchangeably.
Atlanta Georgia Identity Fraud Charge Defined According to 16-9-121.1
An identity fraud charge is simply a charge. A prosecutor must prove beyond a reasonable doubt that you are guilty of identity fraud. Many people mistakenly believe that a prosecutor can make wild claims about your guilt to prove their case. That is not true.
They have to follow strict information outlined in the criminal statute 16-9-121.1 to try to prove your guilt. According to the statute, a person is guilty of the offense if they fraudulently and willfully use a name that is fake, real or from a deceased person for a fraudulent use.
The personal information you are accused of using include, but not limited to:
- Account numbers
- Social security numbers
The Elements a Prosecutor needs to Prove to Convict You of Georgia Identity Fraud
A prosecutor must use the elements outlined in the statute 16-9-121.1 to prove your guilt. The elements of the offense involve you knowingly and willfully by:
- Using any type of identifying information with the intent to defraud and without the consent of the owner
- Obtaining another individual’s identifying information without their consent. You possess that information with the intent to fraudulently use it
- Using identifying information of a minor under 18 years old. You generally have control over the minor.
- Possessing or using identifying information of a deceased person with the intent of using it fraudulently
- Creating a fictitious name or other identifying information with the intent of using it in a fraudulent way
Common Defenses in Atlanta Georgia to Challenge a Prosecutor’s Identity Fraud from Yeargan & Kert, LLC
The criminal punishment in Atlanta Georgia for identity fraud is one to 15 years in prison. It is easy to see that Atlanta Georgia takes identity fraud serious. That why it is imperative to pick an identity fraud defense that will help you avoid the charge’s serious consequences.
Common defenses include attacking elements of the charge. By attacking the elements you attempt to weaken the prosecutor’s case. In fact, attacking the elements may make the prosecutor dropped the case or reduce the criminal charge altogether. One example of attacking the elements involves showing that you had no intent to take, possess or use someone’s personal information for your personal use.
Another defense is lack of evidence is the type of defense that makes the state show their evidence. You claim they do not have the evidence to take the identity fraud charge to court. You challenge the evidence and tell them they have no evidence. If they do not, they make drop the charges. It really depends on how weak their evidence is against you.
Insufficient evidence is similar to lack of evidence. It is also used to defend yourself against this charge. The insufficient evidence defense involves proving a prosecutor does not have enough evidence to take the case to trial.
The actual innocence defense is that you did not commit the crime. You may not an alibi, but you have another way to prove that you are innocent of and did not commit identity fraud. You have a reason why you did not commit the crime.
Obtain the Help of Yeargan & Kert, LLC for Your Atlanta Georgia Identity Fraud Charge
Defenses are invaluable to anyone facing an identity fraud charge. Whether you think you know the defense you should use or not, it is time to start fighting for your freedom. Contact Yeargan & Kert, LLC immediately for help and legal representation.