Financial Transaction Card Theft

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Financial Transaction Card Theft is the forgery crime we do the second most consults for in our office. It generally involves someone who takes the debit or credit card or the information on the debit/credit card of another with the plan to use that information later for their own benefit or to give or sell that information to another. Financial Transaction Card Theft is defined in O.C.G.A.16-9-31.

What is Financial Card Theft?

Financial Transaction Card Theft in Georgia occurs when:

A person takes, obtains, or withholds a financial transaction card from the person, possession, custody, or control of another without the cardholder’s consent; or who, with knowledge that it has been so taken, obtained, or withheld, receives the financial transaction card with intent to use it or to sell it or to transfer it to a person other than the issuer or the cardholder;

  • A person receives a financial transaction card that he knows to have been lost, mislaid, or delivered under a mistake as to the identity or address of the cardholder and he retains possession with intent to use it or sell it or to transfer it to a person other than the issuer or the cardholder;
  • A person, not being the issuer,sells a financial transaction card or buys a financial transaction card from aperson other than the issuer; or
  • A person not being the issuer,during any 12 month period receives two or more financial transaction cards inthe names of persons which he has reason to know were taken or retained undercircumstances which constitute a violation of theft by taking or financial cardtransaction theft.

What’s the Punishment? 

Financial Transaction Card Theft in Georgia is a felony punishable by at least one year imprisonment with a maximum punishment of three years imprisonment and a $5,000 fine.

Call us today

If you’ve been charged with financial card transaction theft in Georgia it is important that you contact an attorney immediately to go over potential defenses in your case. Our team of six attorneys is experienced in defending these cases and are available today for a free consultation. Please call us at 404-581-0999 to schedule a consultation today.

by Ryan Walsh 

Forgery Laws in Georgia

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by Ryan Walsh

There are four degrees to the offense of Forgery in the State of Georgia.

Forgery in the first and second degree involves the making, possession or alteration of a writing other than a check in a fake name or in a manner that alleges the document was made by another person at another time without the authority of that other person. It is forgery in the first degree if that writing is used, presented , or delivered; and forgery in the second degree if it is never used, presented or delivered.

To be found guilty of forgery in the first or second degree you have to have knowledge that the writing is forged and that you have made, possessed or altered the document with the intent to defraud another party.

Forgery in the third and fourth degrees involve the same elements of forgery discussed above but the writing involved is a check.  If the check is for $1,500 or more or you have ten or more checks in your possession then you will be charged with forgery in the third degree. If the check is for less than $1,500 or you have less than ten checks in your possession then you will be charged with forgery in the fourth degree.

Forgery in the first through third degrees is a felony offense in the State of Georgia. Forgery in the fourth degree is a misdemeanor offense.

If you’ve been contacted by a law enforcement official about a potential issue at a bank it is important that you exercise your right to remain silent and call a lawyer immediately to discuss your case, your options, and potential outcomes.

Being convicted of a forgery charge can impact your ability to gain future employment or obtain professional certifications in the State of Georgia.

Our office of Georgia criminal defense attorneys have experience in defending forgery and fraud crimes. Call us today at 404-581-0999 for a free consultation.