Forgery and Identity Theft
Forgery can be either first degree, second degree, third degree, or fourth degree. The difference between the various degrees depends on whether the alleged forged item or document was “uttered” or somehow used, the number of documents and the monetary amounts involved. First degree forgery carries a punishment of 1 to 15 years in prison while second and third degree forgery carry a punishment of 1 to 5 years in prison. Fourth degree forgery is a misdemeanor unless it is your third or subsequent conviction, then it becomes a felony with a 1 to 5 year prison sentence.
Fraud crimes in Georgia consist of a variety of different fraud schemes. One of the most common forms of fraud is deposit account fraud, commonly called bad checks. Deposit account fraud occurs when someone writes a check that they know will be dishonored. There are some specific requirements that must be met in order to prosecute someone for deposit account fraud, such as the requirement that the person receive a demand letter for payment within a specific time frame. The other forms of fraud in Georgia involve fraud related to hindering a security interest, deceptive business practices, and foreclosure fraud.
Commonly called identity theft, identity fraud occurs when someone uses, or possesses with intent to fraudulently use, identifying information of another person without that person’s consent. Identifying information can be many things but most often in an identity fraud case the identifying information consist of names, social security numbers, account numbers, birth dates, and a variety of other information. Identity fraud also occurs where someone fraudulently uses identifying information of someone under 18 who is under their control or by fraudulently using identifying information of a deceased person. Identity fraud, in its various forms, can be punished by imprisonment anywhere from 1 to 15 years.
There are several other manners in which forgery, fraud, and identity fraud can be committed. If you are facing forgery, fraud, or identity fraud in Forsyth County or any surrounding county you need the experienced criminal defense team at Patterson Moore Butler to develop a focused defense strategy.