Identity Theft & Forgery

Identity Theft & Forgery in Atlanta, Georgia (OCGA § 16-9-120 et seq. & OCGA § 16-9-1 et seq.)

Understanding Identity Theft & Forgery Charges in Georgia

Identity theft and forgery are serious financial crimes in Atlanta, Georgia, carrying severe penalties, including lengthy prison sentences, steep fines, and potential federal prosecution. These offenses involve the fraudulent use of personal information or documents to deceive, steal, or obtain financial gain.

Prosecutors aggressively pursue identity theft and forgery cases, often relying on:

Electronic evidence
Banking records
Surveillance footage
Forensic financial investigations

Under OCGA § 16-9-120 et seq., identity theft includes using or possessing someone else’s personal information without consent, while OCGA § 16-9-1 et seq. criminalizes the alteration, falsification, or unauthorized creation of documents for fraudulent purposes.

At Khalil Eaddy Trial Attorney, our firm provides aggressive legal defense for individuals facing identity theft and forgery allegations in Atlanta, Georgia. Many cases involve:

Misunderstandings
Insufficient evidence
False accusations

We work to challenge the prosecution’s claims and protect our clients’ futures.

1. Identity Theft in Atlanta, Georgia (OCGA § 16-9-120 et seq.)

Definition:

Identity theft occurs when a person uses, transfers, or possesses another individual’s personal or financial information without their consent to commit fraud.

Key Elements of Identity Theft:

Using someone’s personal information without authorization.
Intent to obtain financial benefits, make purchases, or commit fraud.
Possessing identity-related documents (Social Security numbers, bank account details, credit card numbers, etc.) without consent.

Examples of Identity Theft:

Using stolen credit card details to make unauthorized purchases.
Applying for loans or government benefits using someone else’s personal information.
Hacking into online accounts to transfer funds or commit fraud.
Creating fake identification documents to impersonate another person.

Penalties for Identity Theft (OCGA § 16-9-126):

Offense	Penalty
First Offense	Felony, punishable by 1 to 10 years in prison and fines up to $100,000
Second or Subsequent Offense	Felony, punishable by 3 to 15 years in prison and fines up to $250,000
Restitution	Convicted individuals may be ordered to pay restitution to victims for financial losses

Federal law enforcement agencies, including the FBI and Secret Service, may get involved in large-scale identity theft cases, increasing the likelihood of federal charges and harsher sentencing.

2. Forgery in Atlanta, Georgia (OCGA § 16-9-1 et seq.)

Definition:

Forgery occurs when a person creates, alters, or presents a false document with the intent to defraud another person, business, or government agency.

Key Elements of Forgery:

Creating, altering, or using a falsified document.
Intending to deceive or gain financial benefit.
Submitting forged documents to a business, financial institution, or government agency.

Types of Forgery in Georgia:

First-Degree Forgery (OCGA § 16-9-1) – Creating or altering a forged document with intent to defraud.
Second-Degree Forgery (OCGA § 16-9-2) – Possessing or presenting a forged document without necessarily creating it.

Examples of Forgery:

Writing a fake check or forging a signature to withdraw money.
Altering a prescription to obtain unauthorized medication.
Creating fake titles, deeds, or financial contracts.
Using counterfeit currency in a transaction.

Penalties for Forgery:

Offense	Charge	Penalty
First-Degree Forgery (Creating a Forged Document)	Felony	1 to 15 years in prison
Second-Degree Forgery (Possessing or Using a Forged Document)	Felony	1 to 5 years in prison
Third-Degree Forgery (Altering or Signing a Fake Document, Under $1,500)	Misdemeanor	Up to 12 months in jail and a fine of up to $1,000

Forgery charges often arise in financial disputes, business transactions, and digital fraud investigations, making it essential to have a strategic legal defense.

3. Check Fraud, Credit Card Fraud & Related Crimes in Atlanta, Georgia

Forgery and identity theft often overlap with financial fraud offenses, such as:

Check Fraud (OCGA § 16-9-20)

Writing fraudulent checks, forging endorsements, or altering check amounts.

Credit Card Fraud (OCGA § 16-9-33)

Using stolen, cloned, or unauthorized credit card details to make purchases.

Bank & Loan Fraud (OCGA § 16-9-121)

Using false financial information to obtain loans or bank accounts.

Each of these crimes can lead to:

Felony charges
Financial penalties
Restitution orders

4. Defending Against Identity Theft & Forgery Charges in Atlanta, Georgia

A conviction for identity theft or forgery can result in:

Imprisonment
Financial ruin
Long-term supervision upon release

Many cases involve:

False allegations
Mistaken identity
Lack of criminal intent

A strong legal defense is critical.

Common Defenses Against Identity Theft & Forgery Charges:

Lack of Intent – The accused did not knowingly commit fraud.
Insufficient Evidence – The prosecution must prove guilt beyond a reasonable doubt.
Mistaken Identity – The accused was wrongfully identified, or evidence does not link them to the crime.
Unlawful Search & Seizure – Law enforcement violated the accused’s Fourth Amendment rights during the investigation.
Consent – The accused had permission to use the alleged victim’s information or documents.

Identity theft and forgery cases often rely heavily on digital evidence, financial transactions, and witness testimony, making it essential to have an experienced defense attorney who understands how to challenge forensic reports, banking records, and prosecutorial claims.

Why Choose Khalil Eaddy Trial Attorney?

Identity theft and forgery charges can permanently impact a person’s future, leading to:

Loss of employment
Professional license revocation
Restricted financial opportunities

Having a skilled attorney can make the difference between:

A conviction
A reduced charge
A case dismissal

Our firm has extensive experience handling white-collar crime cases, providing aggressive, strategic defense for individuals accused of financial fraud.

Call 770-303-0700 today for a confidential consultation and start building your defense.