Attorney for Fraud Charges in Walton County, Georgia
Much like theft, the laws regarding fraud in Georgia are broader than one might think, covering a wide range of conduct. Fraud offenses can be misdemeanors or serious felonies, and sometimes the difference between two crimes is slight even if the sentence is vastly different. If you’re facing allegations involving forgery or check-related fraud, working with a third degree forgery attorney can help you challenge the charges early, understand your options, and protect your record. Ley de Wosnik defends fraud and forgery cases across Walton County and can step in quickly to protect your rights from day one.
Forgery
One common fraud offense in Georgia is forgery, which the law divides into four degrees of severity. Third and fourth degree forgery concern checks, whereas first and second degree forgery cover other “writings.” The differences between the various degrees of forgery can be slight, but the possible sentences vary greatly. For example, third degree forgery is a felony and fourth degree forgery is a misdemeanor, but the only difference between the two is the amount of the fraudulent check in question.
Identity Fraud
Identity fraud is one of the broadest fraud offenses under Georgia law and is a favorite of prosecutors because it overlaps significantly with forgery but, in many cases, carries a harsher sentence. Identity fraud occurs when someone uses or possesses with intent to fraudulently use any “identifying information concerning a person,” which is often that person’s name. No “writing” is required and the defendant need not gain anything from using the other person’s information, but the victim must be a real person, rather than a fictional one. The maximum penalty for identity fraud is ten years in prison for a first offense and fifteen years for a second or subsequent offense.
Other Fraud Offenses
While forgery and identity fraud are the most common fraud offenses in Georgia, there are many others which may apply in certain cases. Some examples include taking or using another person’s credit or debit card without permission (financial transaction card theft and financial transaction card fraud), depositing or cashing bad checks at a bank (deposit account fraud), and unauthorized use of another person’s computer (computer theft, computer trespass, and computer forgery).
What to Expect After a Fraud or Forgery Charge in Walton County
Investigation or arrest: Fraud and forgery cases often begin with a financial investigation, a warrant, or an arrest related to checks, documents, or identity use.
- Charges filed: Prosecutors decide which fraud or forgery charge to pursue, including the degree of forgery, which can significantly affect potential penalties.
- Bond and release conditions: After arrest, the court may set bond and impose conditions such as travel restrictions or financial limitations.
- Arraignment: You formally enter a plea, and the court sets deadlines and future hearing dates.
- Evidence review: Your defense attorney reviews bank records, documents, statements, and transaction history to identify weaknesses in the state’s case.
- Motions and negotiations: In many cases, improper charge levels, lack of intent, or evidentiary issues can lead to reduced charges, diversion options, or dismissal.
- Trial preparation (if necessary): If the case does not resolve through negotiation, your attorney prepares to challenge the evidence and present your defense at trial.
Because fraud and forgery charges often turn on small details, having a clear defense strategy early can make a meaningful difference in how the case is resolved.
How Wosnik Law Can Help With Fraud & Forgery Charges
- Review the evidence and charging decision
- Identify defenses such as lack of intent or mistaken identity
- Challenge the degree of forgery alleged (including check-related cases)
- Negotiate reductions, diversion, or dismissal when possible
- Prepare for trial and defend your case in court
- Work to reduce the long-term impact on your record and future opportunities
Talk to a Walton County Fraud & Forgery Defense Lawyer
If you’re charged with fraud or forgery in Walton County, getting legal guidance early can make a major difference. A third degree forgery attorney can help you determine whether the charges match the evidence, whether a reduction may be possible, and what defenses you may be able to raise at trial. Contact us today for a free consultation.
Frequently Asked Questions
What is a criminal trial lawyer?
A criminal trial lawyer defends individuals accused of crimes, providing expert legal representation. At Wosnik Law, our experienced team is dedicated to protecting your rights and crafting personalized defense strategies. We advocate for you in court and negotiate plea deals when advantageous. Don’t face criminal charges alone—trust Wosnik Law to help you navigate this challenging time.
What is the difference between a misdemeanor and a felony?
Misdemeanors and felonies are both criminal offenses, but they differ in severity. Misdemeanors are less serious crimes, typically punishable by fines or imprisonment for up to one year. Examples include petty theft or minor assaults. Felonies, on the other hand, are more serious offenses, often resulting in imprisonment for more than one year and significant fines. Examples include robbery, murder, and drug trafficking. At Wosnik Law, we can help you understand the implications of these charges and provide the defense you need.
Can a forgery charge be reduced in Georgia?
Yes, depending on the facts. In some cases, a forgery charge may be reduced if the evidence is weak, the degree is overstated, or the prosecution cannot prove intent. A reduction may also be possible through negotiation, pretrial diversion, or showing that the transaction was authorized or misunderstood. Every case depends on the details and the defendant’s history.
Do fraud charges always mean jail time in Georgia?
Not always. Penalties depend on the charge level, the amount involved, prior history, and the evidence. Some fraud cases may qualify for reduced charges, diversion programs, probation, or alternative sentencing. However, fraud and forgery charges can carry serious consequences, especially when charged as felonies, so early legal guidance is important.
What defenses are common in forgery or fraud cases?
Common defenses may include lack of intent to defraud, mistaken identity, authorization or permission, insufficient evidence, or inaccurate records. In some cases, the issue may involve misunderstanding, a civil dispute, or incomplete investigation. A defense attorney can review the evidence and determine which defenses apply based on the specific charge and circumstances.