New York Identity Theft Lawyer

Identity theft is essentially stealing someone’s personal information such as their bank account number, debit or credit card information, or Social Security number – among other things – in order to obtain goods or services. Identity theft can result in significant prison time, fines, and probation.

If you have been charged with identity theft, contact an experienced New York identity theft lawyer to review your situation, determine what legal defenses might be available to you, and discuss what course of action makes the most sense for you. Seek experienced legal counsel and know that you are in capable hands.

Three Degrees of New York Identity Theft

Under New York law, stealing someone’s identity to obtain goods, credit, or services can be classified as misdemeanors or felonies depending on the circumstances. There are three degrees of identity theft:

Identity Theft in the Third-Degree

Under New York Penal Law § 190.78, a person can be found guilty of identity theft in the third degree if they take the identity of another person and present themselves as the other person, both knowingly and with intent.

They can also be found guilty if they use the other person's identifying information to obtain goods, money, property, services, or otherwise uses credit to cause financial loss to the other person or persons. Or commit a Class A misdemeanor or higher offense.

Identity theft in the third degree is considered a New York Class A misdemeanor with carries a maximum of one year in prison or three years of probation, plus a fine of up to $1,000.

Identity Theft in the Second-Degree

Under New York Penal Law § 190.79, a person can be guilty of identity theft in the second degree if they knowingly (with intent to defraud) assume the identity of another person by presenting themselves as the other person. This includes acting as the other person or using the person's personal information to:

  • Obtain goods, money, services, property, or use credit in the person's name, totaling more than $500
  • Cause more than $500 in financial loss to the person or persons
  • Commit a felony crime, attempt to commit a felony crime, or act as an accessory to a felony crime
  • Commit identity theft in the third degree and, in the last five years, or has previously been convicted of identity theft, unlawful possession of personal identification, unlawful possession of a skimmer device, or grand larceny
  • Identity theft in the second degree is considered a New York Class E felony, which carries a maximum of four years in prison, probation, and a fine of up to $5,000.

    Identity Theft in the First-Degree

    Under New York Penal Law Sec. 190.80, a person can be guilty of identity theft in the first degree if they take the identity of another person by presenting themselves as the other person, knowingly and with intent to defraud.

    This may also be done by using the person's personal identifying information to:

    • Obtain over $2,000 in goods, money, property, services, or credit of the person
    • Cause over $2,000 in financial loss to the person
    • Commit or attempt to commit a class D felony or higher level crime or act as an accessory in such crimes or commit identity theft in the second-degree and in the past five years of this offense has been convicted of identity theft, unlawful possession of personal identification, unlawful possession of a skimmer device, or grand larceny

    Identity theft in the first degree is considered a New York Class D felony, which carries a maximum of seven years in prison, probation, and a fine of up to $5,000.

    Contacting a New York Identity Theft Attorney

    If you have been charged with identity theft, it is important to retain experienced criminal defense counsel to protect your rights and determine whether the charges against you can be dismissed or mitigated through a plea bargain.

    Contact an experienced New York identity theft lawyer today to discuss your situation so that you can make an informed decision about what is best for you.