Atlanta Identity Theft Defense Attorney

Skilled Defense for Identity Theft Charges in Georgia

In the age of modern technology, the issue of identity theft has become a severe concern for consumers in Georgia and all across the United States. Identity theft is also a complex area of the law because there are many separate offenses under “identity theft.” 

You may face severe consequences if you have been charged with identity theft. It is vital to contact an experienced attorney who can help you get your charges reduced or even dismissed. The attorneys at Abt Law Firm, LLC have over 29 years of experience representing people accused of identity theft in Georgia. 

Call The Abt Law Firm, LLC today at (678) 582-2272 or contact us online to schedule a meeting with our identity theft attorney and lawyer!

Understanding Identity Theft

Identity theft involves the unauthorized use of someone else's personal information, such as their name, Social Security number, or credit card details, usually with the intent to commit fraud or gain financially. 

This illegal activity can manifest in various ways, including credit card fraud, bank fraud, or medical identity theft, resulting in substantial financial damage for victims and severe legal consequences for those charged.

Identity Theft Law in Georgia

Different types of crimes are considered identity theft. Identity theft crimes face serious consequences that can affect a person’s freedom and future. It is important to note that Georgia law does not consider a minor using fake identification to purchase alcohol or tobacco products or to get into a bar under the umbrella of identity theft. These crimes are classified under separate statutes with their penalties.

Under Georgia law, all of the following are forms of identity theft:

• Using another person’s information without consent to commit fraud.
• Using the information of a minor in the individual’s custody.
• Using the information of a deceased individual.
• Creating a false or fictitious identity to commit fraud or other crimes.
• Creating, counterfeiting, or falsifying another person’s information to commit fraud or other crimes.
• Accepting information known as false, fraudulent, or fictitious.

What are the Penalties for Identity Theft in Georgia?

Georgia law considers identity theft charges a felony with strict penalties if a conviction is obtained. Penalties for a conviction may result in the following:

• First offense - Fines of up to $100,000, between 1 and 10 years incarceration in prison, or both.
• Second or subsequent offense - Fines of up to $250,000, between three and 15-years incarceration in prison, or both
• Aggravated identity theft—A crime is considered aggravated when additional mitigating circumstances exacerbate it, such as using someone else’s identity to obtain employment. The penalties for aggravated identity theft include fines of up to $250,000 and up to 15 years incarceration.
• Forgery—Forgery is a separate set of charges divided into first- and second-degree offenses. First-degree forgery is punishable by one to 10 years in prison, and second-degree forgery is punishable by 1 to 5 years.

In addition to these penalties, the State of Georgia may seek additional penalties depending on the nature and extenuating circumstances of the incident that resulted in criminal charges.

Understanding the potential penalties is crucial, as they highlight the importance of having a skilled Atlanta identity theft lawyer to defend your case.

Defenses Against Identity Theft Charges

At The Abt Law Firm, LLC, we employ a variety of strategies to defend our clients against identity theft charges, including:

• Lack of Intent: A strong defense can demonstrate no intent to commit fraud or theft.
• Mistaken Identity: Arguing that you have been wrongly identified as the perpetrator of the crime.
• Insufficient Evidence: Challenging the prosecution's evidence, showing that it is not sufficient to prove your guilt beyond a reasonable doubt.
• Consent: Proving that you had permission to use the identifying information in question.
• Constitutional Violations: Arguing that your rights were violated during the investigation or arrest can result in the exclusion of evidence or even the dismissal of the case.

How Can an Identity Theft Attorney Help You

An identity theft attorney can provide crucial assistance if you've been a victim of identity theft or are accused of committing it. Their experience in the complexities of identity theft law allows them to offer a range of services that can help you navigate the legal and financial challenges associated with this crime. 

Here’s how an identity theft attorney can help:

• Assessing the Situation and Advising on Legal Rights: An identity theft attorney will begin by evaluating the specifics of your case, whether you're a victim or accused. They can explain your legal rights and options, helping you understand the potential consequences of the situation and the best course of action to take.
• Restoring Your Financial Standing: For victims of identity theft, an attorney can assist in contacting financial institutions, credit reporting agencies, and creditors to dispute fraudulent charges and correct your credit report. They can help you navigate the process of recovering lost funds and preventing further damage to your financial standing.
• Filing Police Reports and Legal Actions: An attorney can help you file a police report, which is often necessary for resolving identity theft issues. They can also guide you in filing civil lawsuits against the perpetrator or any third parties that may have contributed to the theft through negligence, such as a company that failed to protect your personal information.
• Defending Against Criminal Charges: If you’re accused of identity theft, an attorney can defend you against the charges. They will investigate the allegations, challenge the prosecution's evidence, and develop a defense strategy that may include showing a lack of intent, mistaken identity, or lack of knowledge. They aim to reduce charges, negotiate plea deals, or achieve an acquittal.
• Negotiating with Creditors and Debt Collectors: Identity theft often results in fraudulent debts being assigned to victims. An attorney can negotiate with creditors and debt collectors to remove these fraudulent debts from your record. They can also help you avoid paying for debts you did not incur.
• Preventing Future Identity Theft: An attorney can advise you on steps to protect your identity in the future. This might include tips on securing your personal information, using credit monitoring services, or taking legal action against entities that might be exposing you to further risk.
• Handling Insurance Claims: If you have identity theft insurance, an attorney can assist in filing claims to cover the costs associated with restoring your identity and financial losses. They ensure that your claims are complete and accurate, increasing the likelihood of a successful payout.
• Litigation Support: If your case escalates to court, an identity theft attorney will represent you, presenting evidence, cross-examining witnesses, and arguing your case before a judge or jury. Their goal is to protect your rights and secure a favorable outcome, whether through settlement or trial.
• Navigating Federal and State Laws: Identity theft cases can involve both state and federal laws, which can be complex and vary depending on the jurisdiction. An experienced attorney understands these laws and can ensure that your case is handled in compliance with all relevant legal requirements.
• Emotional Support and Advocacy: Beyond legal experience, an identity theft attorney can provide emotional support and advocacy, helping you cope with the stress and frustration that often accompany identity theft. They act as your advocate, working to restore your peace of mind along with your financial and legal standing.

By leveraging their legal knowledge and experience, an identity theft attorney can help you minimize the damage caused by identity theft, protect your rights, and guide you through the recovery process.

Protecting Your Identity in the Digital Age

In today's digital world, the risk of identity theft is higher than ever. With hackers and cybercriminals constantly finding new ways to steal personal information, it's important to take proactive steps to protect yourself. Our team at The Abt Law Firm, LLC is dedicated to helping individuals safeguard their identities and defend against identity theft.

Here are some tips to protect your identity:

1. Monitor your financial accounts regularly for any suspicious activity
2. Use strong, unique passwords for each of your online accounts
3. Avoid sharing personal information on social media or unsecured websites
4. Shred documents containing sensitive information before disposing of them
5. Be cautious of phishing emails and phone scams

By staying vigilant and taking precautions, you can reduce the risk of becoming a victim of identity theft. If you do find yourself facing identity theft charges, our experienced Atlanta identity theft attorney can provide skilled defense and guidance throughout the legal process.

Contact Our Atlanta Identity Theft Lawyer Today 

Anyone in Georgia charged with identity theft should obtain legal representation immediately after arrest. Because this is such a complex area of law, it is essential to have the guidance of an experienced Atlanta criminal defense attorney who can examine all aspects of the arrest and pending charges. 

A skilled criminal defense attorney can often negotiate a more favorable outcome than incarceration and steep fines. The attorneys at Abt Law Firm, LLC have over 29 years of experience helping the people of Atlanta. We have successfully handled over 2,500 cases and 100 jury trials. Our team is equipped to help you obtain the best possible results for your case.

Contact The Abt Law Firm, LLC online or call (678) 582-2272 today to schedule a meeting with our Atlanta identity theft attorney!