Penalties for Identity Theft in Georgia
Identity theft is a serious crime in Georgia, and state lawmakers have enacted tough penalties to deter this growing form of fraud. Using someone else’s personal identifying information, such as their name, Social Security number, credit card number, or bank account, to commit fraud or theft can lead to felony charges, prison time, and substantial fines. At The Spizman Firm in Atlanta, we help individuals facing identity theft charges understand the law, the penalties they may be facing, and their legal options.
What Is Identity Theft Under Georgia Law?
Under Georgia Code § 16-9-121, identity theft occurs when a person willfully and fraudulently uses or possesses identifying information of another person without their consent and with the intent to commit, aid, or abet any unlawful activity. This can include using someone else’s personal details to open credit accounts, access medical services, apply for government benefits, or commit other types of fraud.
It is also illegal to manufacture, sell, or distribute false identification documents. Even possessing someone else’s identifying information with the intent to use it fraudulently can result in criminal charges, even if the fraud hasn’t yet been carried out.
Penalties for Identity Theft in Georgia
Identity theft is a felony in Georgia, and the penalties can be severe depending on the circumstances of the case. If convicted of identity theft under O.C.G.A. § 16-9-121, a person can face:
- 1 to 10 years in prison,
- A fine of up to $100,000,
- Or both imprisonment and a fine.
If the defendant has a prior conviction for identity theft, the penalties increase significantly, with mandatory minimum sentencing.
In addition to criminal penalties, courts can order restitution to compensate victims for financial losses resulting from the fraud.
Aggravated Identity Theft and Related Offenses
Georgia law also includes enhanced penalties for aggravated identity theft. For example, using a minor’s information (someone under 18) or the information of someone over 65 years of age can result in harsher sentencing. Identity fraud connected to organized schemes, financial institutions, or multiple victims may also carry greater consequences.
Federal identity theft laws may apply in certain cases, especially when the offense involves crossing state lines, targeting federal programs, or using the internet or mail. This can lead to federal prosecution in addition to state charges.
Possible Defenses Against Identity Theft Charges
Being charged with identity theft does not automatically mean a conviction. Common defenses include lack of intent, mistaken identity, or having authorization to use the information. Our experienced Atlanta criminal defense attorneys can examine the evidence, investigate the facts, and work to build a strong defense.
Schedule a Consultation Today
At The Spizman Firm, we represent clients throughout Georgia who are facing identity theft and related charges. We proudly serve Atlanta, Dunwoody, Alpharetta, Cobb County, Fulton County, Gwinnett County, Johns Creek, and Sandy Springs. If you’ve been accused of identity theft, contact us today for experienced legal guidance and a confidential consultation.
