Understanding Identity Fraud in Georgia

LifeLock. We have all seen the commercials, advertising their identify-theft protection services. “LifeLock looks for use of your personal information, and with proprietary technology, alerts you to a wide range of potential threats to your identity,” according to the company’s website. And, let’s face it, identity fraud has—unfortunately—become a common crime that many people have fallen victim to, having their personal information stolen by another person for financial gain. Some examples of identity fraud include: using someone else’s social security number, using stolen checks, opening up a fraudulent bank account using another person’s personal information, and using a stolen ATM card.

In light of the rising cases of identity theft, Bixon Law is dedicated to providing comprehensive legal support for individuals who have been charged with such crimes. The team at Bixon Law understands the distress and confusion that often accompany allegations of identity theft, and we strive to offer guidance and representation to navigate the complexities of the legal system. With a commitment to safeguarding the rights of our clients, Bixon Law works diligently to investigate the details of each case, utilizing our expertise to build strong defenses and seek the best possible outcomes.

Identity Fraud in Georgia

Under Georgia law, O.C.G.A. § 16-9-121, a person commits the offense of identity fraud when he or she willfully and fraudulently:

(1) Without authorization or consent, uses or possesses with intent to fraudulently use identifying information concerning a person; this can include sensitive data such as social security numbers, financial records, or personal identifiers, all of which are protected under Georgia law.

(2) Uses identifying information of an individual under 18 years old over whom he or she exercises custodial authority; this provision underscores the severity of exploiting vulnerable minors for fraudulent purposes and emphasizes the legal responsibility placed upon individuals in positions of trust and guardianship.

(3) Uses or possesses with intent to fraudulently use identifying information concerning a deceased individual; while it may seem victimless, exploiting the identities of the deceased can have profound consequences for their surviving relatives and is considered a serious offense under Georgia law.

(4) Creates, uses, or possesses with intent to fraudulently use any counterfeit or fictitious identifying information concerning a fictitious person with the intent to use such counterfeit or fictitious identification information for the purpose of committing or facilitating the commission of a crime or fraud on another person; this provision targets not only the direct perpetrators but also those who engage in the creation or distribution of false identities, emphasizing the broad scope of identity fraud prevention under Georgia law.

(5) Without authorization or consent, creates, uses, or possesses with intent to fraudulently use any counterfeit or fictitious identifying information concerning a real person with the intent to use such counterfeit or fictitious identification information for the purpose of committing or facilitating the commission of a crime or fraud on another person.

Further, a person commits the offense of identity fraud by receipt of fraudulent identification information when he or she willingly accepts for identification purposes identifying information that he or she knows to be fraudulent, stolen, counterfeit, or fictitious. In any prosecution under this subsection, it shall not be necessary to show a conviction of the principal thief, counterfeiter, or fraudulent user.

However, this statute does not apply to a person under the age of 21 who uses a fraudulent, counterfeit, or other false identification card for the purpose of obtaining entry into a business establishment or for purchasing items that he or she is not of legal age to purchase.

It’s crucial to note that the offense of identity fraud extends to the receipt of fraudulent identification information, wherein individuals who knowingly accept such information for identification purposes are also liable under the law.

Possible Defenses Against an Identity Fraud Charge 

Depending on the facts and circumstances of your case, there may be some possible defenses that can lead to your case being dismissed or the charges against you reduced. In order to be convicted of identity fraud in the state of Georgia, the prosecution must prove all of the elements of each charge beyond a reasonable doubt. In an identity fraud case, the best possible defense would be to present evidence to the Court that you had the alleged victim’s consent to use his or her personal information. If consent is proven, the crime of identity fraud cannot have been committed.

It’s essential to recognize that the complexity of identity fraud cases often allows for various potential defenses that could lead to a favorable outcome. Depending on the specifics of your situation, viable defenses may include lack of intent, mistaken identity, coercion, or even insufficient evidence. For instance, demonstrating that you lacked the requisite intent to commit identity fraud or that you were coerced or deceived into participating in the illegal activity can significantly strengthen your defense. 

Additionally, if there are discrepancies or inconsistencies in the prosecution’s evidence or if your constitutional rights were violated during the investigation or arrest process, these factors could also bolster your case. By diligently assessing the details of your case and collaborating closely with experienced legal counsel, you can identify and leverage the most effective defense strategies tailored to your unique circumstances, ultimately increasing your chances of achieving a positive resolution in court.

Penalty for an Identity Fraud Conviction in Georgia

In the state of Georgia, identity fraud is a felony. Under O.C.G.A. § 16-9-126, a violation of this statute is punishable by imprisonment for not less than one nor more than ten years or a fine not to exceed $100,000.00, or both. Any person who commits such a violation for the second or any subsequent offense shall be punished by imprisonment for not less than three nor more than 15 years, a fine not to exceed $250,000.00, or both.

Georgia Case Law and Identity Fraud

In Archer v. State, 291 Ga. App. 175, 176(1), 661 S.E.2d 230 (2008), William Douglas Archer was indicted for two counts of forgery in the first degree and one count of identity fraud, arising out of the theft of three checks from his employer. Archer rented a house from Jim White and also worked for White’s remodeling company, North Georgia Construction. On Friday, August 20, 2004, White and Archer stopped at a Home Depot store in the city of Hiram. White went into the store and Archer stayed alone in the vehicle, where the North Georgia company checkbook was lying on a seat.

About three weeks later, on September 13, 2004, White and his wife were balancing the company checking account when they discovered that a page containing three checks was missing from the checkbook. The checks were eventually recovered, and all three of them had been made payable to Archer in varying amounts: check 1465 was for $500, check 1466 was for $200 and check 1467 was for $100. White testified that he had not written any of the three checks to Archer and that it was not his signature on any of those checks. He further noted that he only pays his employees on Fridays, whereas the date listed on each of the stolen checks was August 21, 2004, which was a Saturday. White also testified that he is familiar with Archer’s signature and he identified the endorsement on the back of each of the stolen checks as Archer’s signature. The three endorsed checks all had the same driver’s license number written on them, and a sheriff’s deputy testified he had verified that it was Archer’s license number.

Archer was tried before a jury, which found him guilty of all three offenses. The trial judge sentenced Archer to serve ten years in confinement, followed by ten years on probation. Archer appealed his conviction. The Georgia Court of Appeals affirmed in part and reversed in part, reversing one of the forgery convictions and affirming the identity fraud conviction.

Contact Bixon Law Today!

If you have been charged with identity fraud, contact us today for assistance. As experienced criminal defense attorneys, we can help answer your questions and help you resolve your case. Here at Bixon Law, we represent clients in Atlanta and throughout the state of Georgia. Our white collar crime lawyers are committed to helping people in difficult situations and working to get our clients the best possible outcome. We invite you to call us at 404-551-5684 for a free consultation today.