Under Georgia law, identity theft can be committed in a variety of ways. One way is when a person uses information which identifies an individual without authorization. Identity theft is also committed when a person uses information which identifies a deceased person. This offense can also occur when someone creates or uses any fake information which identifies a fictitious individual or a real person when no authorization has been given. Possession of such information can be enough to convict if the person has the intention to fraudulently use the information.

Identifying information that is protected by law includes current or former names, social security numbers, driver's license numbers, checking or saving account numbers, credit or debit numbers, personal or electronic identification numbers, electronic signatures, medical identification numbers, birth dates, mother's maiden name, tax identification numbers, or any information which can be used to access a person's personal financial resources.

Violators' sentences will range from 1 to 10 years, and they may be fined up to $100,000. A second offense can land an offender in prison anywhere from 3 to 15 years with a fine up to $250,000. The trial court may also order the offender to make restitution to the consumer or business that was victimized.

Georgia law also makes it a crime to use a scanning device to access, read, or store information contained on the magnetic strip of any card used to make payments. This includes transferring the information on one magnetic strip to a different card with the intent of defrauding the original user or business. This offense carries with it a 1 to 3 year prison sentence and a fine up to $10,000. A second offense can put an offender in prison for 3 to 10 years with a fine of $50,000. A trial court may also require the offender to make restitution to his or her victims.

The related crime of forgery also carries harsh penalties under Georgia law. Forgery is divided into two categories: first and second degree. First degree involves creating, changing, or having a writing which is in a false name. This crime also requires that the writing be delivered in some capacity. Finally, the defendant must have had intended to commit fraud. A conviction of this crime will result in a 1 to 10 year sentence.

Second degree forgery occurs when all the elements above have been met, except for the delivery of the writing. A conviction for second degree forgery will result in a sentence of 1 to 5 years.

In defending allegations of identity theft or forgery, a defense lawyer should investigate the arrest and any police investigations that were conducted for possible defenses. This includes determining whether any searches or seizures made by police were legal. If the police violated a person's rights, a judge may be forced to suppress any evidence that was discovered from the search.

A good criminal defense attorney will also try to determine if the client's alleged actions fall under an exception. Georgia law carves out several exceptions to identity theft laws. For instance, a person generally cannot be charged if he or she lawfully obtained credit information in the course of a bona fide consumer or commercial transaction. A person also cannot be convicted for the good faith use of identifying information with the permission of the affected individual.

Numerous other defenses are available to someone accused of identity theft or forgery. In many cases, a skilled attorney will be able to negotiate for a reduced charge or have a charge dismissed entirely. If you have been charged with one of these offenses, you need an experienced Atlanta attorney who will defend your legal rights.

The information provided above is a very general summary of the law regarding this particular legal issue at the time this text was prepared. Because this analysis is subject to change depending upon recent cases and developments, you should not rely on this summary as legal advice. As with any important legal question, you should always consult with a lawyer licensed to practice in your jurisdiction. Our lawyers are licensed to practice in all Georgia state and federal courts.