Atlanta Fraud Attorney
Are you facing fraud charges in Atlanta, Georgia? Award-winning fraud attorneys at Farnsworth & Murphy, LLC, can help you. We understand the serious nature of such charges and the lifelong consequences they can have on your life.
With a fraud charge, such as credit card, business, or bank fraud, you could be looking at lengthy prison terms, hefty fines, and restitution if convicted. An Atlanta fraud lawyer from Farnsworth & Murphy, LLC, can defend you throughout the legal process and ensure you have the legal representation you need to fight the charges against you.
Farnsworth & Murphy, LLC, has been helping those facing criminal charges in Atlanta for decades and has garnered a stellar reputation for it. We handle state and federal fraud cases and have consistently obtained favorable client outcomes. We can help you, too!
How Fraud Charges Work in Georgia
Georgia law defines fraud as the false representation of facts with the intent to withhold information. It also involves deliberately deceiving a person or entity for personal or financial gain. Such deceptive acts can be in the form of forgery, identity fraud, bank fraud, business fraud, or credit card fraud.
The burden of proof falls on the prosecution, so they must prove your guilt beyond a reasonable doubt to secure an indictment and conviction. The prosecution must prove that you intentionally made a fraudulent misrepresentation of facts to defraud the victim.
Types and Penalties of Fraud in Georgia
The Code of Georgia, Title 16, Chapter 9 provides for several fraud offenses. The following are some of the common fraud offenses in Atlanta, GA, and their penalties:
Under OCGA § 16-9-1, forgery is often a felony offense, varying in severity based on case details.
- Forgery in the first degree: Knowingly altering written documents and delivering them to a person with intent to deceive is punishable by one to 15 years in prison.
- Forgery in the second degree: Knowingly making, altering, or possessing a forged written document is punishable by one to five years imprisonment.
- Forgery in the third degree: Knowingly making, altering, possessing, or delivering any check of $1,500 or possessing more than ten empty checks with a forged name or signature is punishable by one to five years imprisonment.
- Forgery in the fourth degree: Knowingly making, altering, possessing, or delivering any check of less than $1,500 or possessing less than ten empty checks with a forged name, date, or signature is a misdemeanor.
According to OCGA §16-9-121, a person commits identity fraud if they willfully and fraudulently do any of the following:
- Use or possess another person’s identifying information, such as name, birth date, or Social Security number, without their consent.
- Use identifying information of a person under 18 years old who’s under their custodial authority.
- Use or intend to use a dead person’s identifying information.
- Create, use, or possess any fake identifying information of a fake person to commit a crime or defraud another person.
- Create, use, or possess fake identifying information of a real person to commit a crime or defraud others.
Penalties for Identity Fraud
Penalties for identity fraud include one to 10 years imprisonment, up to a $100,000 fine, or both. The second or consecutive conviction penalties are three to 15 years in prison, up to a $250,000 fine, or both.
A conviction for aggravated identity theft, which involves using fake identity information of a real, deceased, or fake person to obtain employment, can result in a sentence of one to 15 years in prison, a maximum fine of $250,000, or both.
Deposit Account Fraud
OCGA §16-9-20 defines deposit account fraud as writing bad checks or a similar instrument or attempting to do business on a closed account or an account with insufficient funds.
Penalties for deposit account fraud
The penalties for a deposit account fraud conviction vary depending on the amount involved, the number of instruments, and whether the offense took place in or off-state.
If the check or similar instrument was for:
- Less than $500, it is a misdemeanor punishable by up to one year of jail, a fine of up to $500, or both.
- More than $500 but less than $1,000, it is a misdemeanor with penalties of up to one year in prison, a fine of less than $1,000, or both.
- More than $1,000 but less than $1,500, it is a misdemeanor of a high and aggravated nature punishable by penalties of up to one year of jail, up to $5,000 in fines, or both.
- More than $ 1,500, it is a felony with penalties of up to one to three years in prison, fines of $500 to $5,000, or both.
Deposit account fraud committed in an out-of-state bank or other financial institution is a felony. Upon conviction, you can face up to five years in prison, a fine of 1,000, or both.
Credit Card Fraud/Financial Transaction Card Fraud
Credit card fraud, as provided for in OCGA §16-9-33, involves, among other things:
- Knowingly using a stolen or forged credit or debit card
- Knowingly using a forged, altered, expired, or revoked card
- Knowingly using the card number of a card that is forged, altered, or hasn’t been issued yet
- Obtaining a credit or debit card as security for debt
Penalties for Credit Card Fraud
If the defrauded amount as a result of a credit card fraud is less than $100, you may be sentenced to one to two years with a fine of up to $1,000. If the defrauded amount is more than $100, you will be guilty of a felony punishable by a fine of not more than $5,000 and one to three years in prison.
How an Attorney Can Help With Your Fraud Case
Fraud charges can have severe penalties and irreversible damages. It is, therefore, crucial to retain the services of an experienced lawyer immediately. An Atlanta fraud attorney at Farnsworth & Murphy, LLC, can assist you. Here’s how we can help you:
- Explain the case, charges, and all evidence against you in accessible language.
- Investigate your case as soon as we take it on. We will hear your side and then carry out our own investigation to uncover favorable evidence.
- Assess the prosecution’s case and determine whether there is clear and convincing evidence against you.
- Before your case proceeds to trial, we will assess whether a plea deal is possible and negotiate with the prosecutor for a favorable one. We may be able to persuade them to dismiss or reduce your charges.
- Represent you aggressively throughout the legal process and ensure your rights are protected.
Consult an Experienced Atlanta Fraud Lawyer at Farnsworth & Murphy, LLC
Attorneys at Farnsworth & Murphy, LLC, are ready to help you fight your fraud charges and obtain the favorable results you anticipate. We have been defending the people of Atlanta for decades and take great pride in the positive results we obtained over the years.
No matter how complex your case is, we will do everything in our power to see you walk free. Contact us and schedule a free consultation.