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Saturday, February 4, 2023
HomeLegalCriminal DefenseType of Defenses for Identity Theft Charges In Georgia

Type of Defenses for Identity Theft Charges In Georgia

When it comes to identity theft, do you know your rights? Most people don’t realize that there are several defenses available when it comes to identity theft charges. In fact, many people are surprised and sometimes don’t even realize that they have committed a crime.

However, identity theft is a serious crime that can result in significant penalties. In this blog post, we’ll discuss the various types of defenses that may be available to those who have been charged with identity theft. As well we’ll provide information on how an experienced attorney can help you build a strong defense and protect your rights.

What is Identity Theft?

Identity theft is defined as using someone else’s personal information without their permission for the purpose of committing a crime. This can include using someone’s credit card without their permission, using their social security number to open a new account, or using their driver’s license to get a loan. It is a serious crime. If convicted of identity theft, you could face up to 15 years in prison and a fine of up to $250,000.

Types of Defenses for Identity Theft Charges

There are many different types of defenses that may be available to those facing identity theft charges, depending on the specific facts and circumstances of the case. Some common defenses that have been successful in similar cases include:

Mistaken Identity

It is possible that someone else used the defendant’s identity without his or her knowledge or consent. If this were true, then this would be a strong defense against an identity theft charge.

Lack of Intent

If it can be shown that the accused did not act to defraud or harm another person, then they may be able to have the charges against them reduced or dismissed.

Innocent Mistake

The defendant may have been mistaken about his or her intentions in using another’s information. For example, if he was using someone else’s information because he thought it was his own and had forgotten that he’d changed his password, then this could be considered a defense.

False Accusation

The defendant may have been falsely accused. If the person who reported the crime did so maliciously or with ill intent, then this could be considered a defense.

Duress

This may be a valid defense if the accused can show that they only committed the crime because they were coerced or under duress.

Entrapment

If the accused can show that they were entrapped by law enforcement into committing the crime, this may be a successful defense.

Co-conspirator Exception

In some cases, if the accused can show that they were not the mastermind behind the identity theft scheme and that they were coerced or misled by another person into participating, they may be able to have the charges against them reduced or dismissed.

Implicit or Explicit Consent

This means that the person whose information was used gave permission for it to be used, either explicitly or implicitly. However, this can be a difficult defense, as it requires showing that the victim knew their information would be used for identity theft and still consented to it.

The Statute of Limitations has Expired 

The statute of limitations for identity theft is four years. This means you can’t be charged with identity theft if the crime occurred more than four years ago.

These are just some of the possible defenses in an identity theft case. An experienced criminal defense attorney will be able to review the specific facts of your case and advise you of the best course of action.

What Should You Do if You are Charged With Identity Theft

If you have been charged with identity theft, you may be feeling shocked, angry, and confused. You may even be wondering how to get help. Here are some things to do if you are charged with identity theft:

  1. Contact an attorney. If you are facing charges of identity theft, it is important to contact an attorney as soon as possible. An attorney can help you understand the charges against you and guide you through the criminal justice process.
  2. Be honest with your attorney about what happened. Your attorney needs all of the information about your case in order for them to provide effective representation for you, so tell them everything from the beginning.
  3. Stay calm and avoid making any statements that could incriminate yourself or others who may be involved in this case. Do not speak to anyone about this incident unless your attorney advises otherwise; even if someone tells you that there is no evidence against them or that the truth will come out eventually, it is still best not to say anything until after speaking with your lawyer first.

How Can a Lawyer Help You Defend Against These Charges

Here are five ways an experienced attorney can assist you with your case:

  1. They can review the evidence against you to look for any possible holes or weaknesses.
  2. They can negotiate with prosecutors on your behalf to try to get the charges reduced or dismissed.
  3. They can help you understand the legal process and what to expect at each step.
  4. They can provide guidance and support throughout the entire process, from arrest to trial.
  5. An attorney can represent you in court and fight for the best possible outcome in your case.

Bottom Line

If you were to steal someone’s identity, you would be charged with identity theft. If you are facing these charges, it is in your best interest to consult with a Georgia attorney that handles offenses of this nature. The attorney can help you by examining the evidence presented and determining whether the case has merit. They may then begin enacting a defense strategy that will work in your favor. Your attorney can help reduce or dismiss the charges completely.

If you’ve been charged with identity theft, contact Jarrett Maillet Criminal Defense Lawyers for help. They can provide an honest assessment of your case and determine the best defense possible. 

Jarrett Maillet J.D., P.C. 
210 E 31st St 
Savannah, GA 31401 
912-713-3426
https://www.mailletcriminallaw.com


Attorney Jarrett Maillet
Attorney Jarrett Maillethttps://www.mailletcriminallaw.com/
At Jarrett Maillet J.D., P.C. we bring over 10 years of experience in the field of criminal law.

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