What to Do If You Are Accused of Identity Theft in Georgia
Being accused of identity theft in Georgia is a serious matter that can have life-changing consequences. Identity theft is typically charged as a felony in Georgia and may lead to prison time, hefty fines, and a permanent criminal record. If you’ve been accused—or even if you suspect you’re under investigation—it’s critical to take swift and informed action with The Spizman Firm to protect your rights and build a strong defense.
- Do Not Talk to Police Without an Attorney
One of the most important steps you can take is to exercise your right to remain silent. Do not try to explain yourself, give statements, or answer questions from law enforcement without a criminal defense attorney present. Anything you say can—and often will—be used against you in court. Even if you believe the situation is a misunderstanding, let your lawyer speak on your behalf.
- Understand the Charges Against You
Georgia law defines identity fraud under O.C.G.A. § 16-9-121. It includes knowingly and fraudulently using or possessing identifying information of another person without their consent. This can include Social Security numbers, banking information, or even someone’s name and birth date used for deceptive purposes. Penalties for identity theft in Georgia can range from one to ten years in prison and fines of up to $100,000 for a first offense.
- Retain an Experienced Criminal Defense Lawyer
Hiring an attorney who is experienced in handling identity theft and other white-collar crimes is essential. Your lawyer will analyze the evidence, identify weaknesses in the prosecution’s case, and develop a tailored legal strategy. In some cases, they may be able to challenge the legality of how evidence was obtained or prove that you lacked intent to commit a crime.
- Collect Any Relevant Documentation
Begin gathering any documents or information that may support your defense. This could include communications showing consent, financial records, or evidence that someone else had access to the devices or accounts in question. Your attorney can advise you on what materials may be most useful in building your case.
- Explore Possible Defenses
There are several legal defenses available in identity theft cases, depending on the facts:
- Lack of intent: You didn’t knowingly or fraudulently use another’s identity.
- Mistaken identity: You were falsely identified as the perpetrator.
- Consent: You had permission to use the person’s information.
- Insufficient evidence: The prosecution cannot prove key elements of the crime.
Your attorney will determine which defenses may apply and how best to present them.
- Take the Accusation Seriously
Even if you believe the accusation is unfounded or will blow over, never ignore it. Identity theft charges are aggressively prosecuted in Georgia, and failing to take the proper legal steps early on can jeopardize your case.
Schedule a Consultation Today
Being accused of identity theft can be overwhelming, but you don’t have to navigate it alone. At The Spizman Firm, our experienced Atlanta criminal defense attorneys are here to guide you every step of the way. We serve clients across Georgia, including Atlanta, Dunwoody, Alpharetta, Cobb County, Fulton County, Gwinnett County, Johns Creek, and Sandy Springs. If you’re facing charges or under investigation, contact us today for a confidential consultation.
