Brooklyn
Identity Theft
Attorney
Experienced Identity Theft Attorney in Brooklyn
“Identity theft” is the legal term used to describe the illegal obtaining and use of another person’s identifying information without their consent for personal gain. The modern world is incredibly dependent on digital technology, and identity theft has increased dramatically worldwide with the advent of the internet. If you are charged with identity theft in Brooklyn, you need a defense attorney who understands the unique laws and technological concepts that often occur in these cases.
The Law Offices of Robert Tsigler, PLLC, can provide the comprehensive defense counsel you need when you have been charged with identity theft in Brooklyn. Our team provides 24/7 responsiveness to our clients’ needs and questions whenever they need more information or updates about their cases. We have years of experience handling a complete range of criminal cases in Brooklyn and can apply this experience to your case. In addition, our team knows how Brooklyn prosecutors handle their cases and the tactics they use to secure convictions. If you want to have the best possible chance of avoiding a conviction for identity theft, it’s vital to secure the legal counsel of an experienced Brooklyn identity theft attorney as soon as possible.
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Understanding New York’s Identity Theft Laws
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New York’s penal code describes identity theft in the third degree as any situation in which one person pretends to be another person to commit fraud. This could include using another person’s Social Security number, credit cards, or other personal information for committing fraud.
In addition, identity theft in the third degree may be committed by causing harm to the victim or for the personal gain of the offender. It is also possible to qualify for a charge of identity theft in the third degree if the offender committed identity theft of one person to cause harm to a third party or commit a crime classified as a Class A misdemeanor or higher. The penalty for identity theft in the third degree includes fines up to $1,000 or double the value of the theft committed, restitution to the victim, and up to one year in prison. - Identity theft in the second degree involves the intentional assumption of another person’s identity for personal gain, to commit a crime at the felony level, or to cause harm to the victim or a third party. To qualify for identity theft in the second degree, the value of the gain for the offender or loss to the victim must be greater than $500. A defendant facing a charge of identity theft in the third degree could have their charge increased to identity theft in the second degree if they have a previous conviction of third-degree identity theft. New York law considers second-degree identity theft a Class E felony, punishable by fines of $5,000 or twice the value of the defendant’s gain from the crime, and the defendant faces up to four years in prison.
- Identity theft in the first degree is the most severe charge for identity theft a defendant may face in New York, and this charge applies when the value or profit of the offense exceeds $2,000. Similar to third-degree and second-degree identity theft, first-degree identity theft can apply when the defendant commits their actions for personal gain, causes harm to the victim or a third party, or commits a Class D felony or higher offense. In addition, second-degree identity theft may escalate to first-degree identity theft if the defendant has a prior conviction for second-degree identity theft. The penalty for first-degree identity theft in New York includes imprisonment for up to seven years, fines of $5,000 or twice the value of the gain or loss caused by the identity theft, and restitution to the victim.
The penalties for identity theft in New York are quite severe. Therefore, if you or a loved one is charged with identity theft of any degree, it is essential to work with an experienced Brooklyn identity theft attorney to formulate your defense.
It’s also important to remember that identity theft may qualify as a federal crime in some cases. So, if you are accused of committing identity theft to defraud a federal program or commit any federal crime, your case could be tried in federal court rather than a New York state criminal court.
Frequently Asked Questions About Identity Theft Charges in Brooklyn
What is aggravated identity theft?
Aggravated identity theft is a federal charge that applies when someone uses another person’s identity during certain felonies, like bank fraud or wire fraud. It carries a mandatory two-year prison sentence that runs on top of any other sentence. The Supreme Court narrowed the charge in Dubin v. United States (2023), so have a lawyer check whether it fits your facts.
Is it a crime to have someone else’s personal information in New York?
It can be. New York has a separate crime called unlawful possession of personal identification information, which covers holding Social Security numbers, account numbers or similar data while knowing it’ll be used for a crime. It starts as a class A misdemeanor and becomes a felony once 250 or more items are involved, so the quantity matters a great deal.
Can I be charged with identity theft for using a family member’s information?
Yes, if you used it without permission. New York’s identity theft law has no exception for relatives, and many cases start with a parent’s credit card or a sibling’s utility account. Texts or a history of shared accounts showing you had permission can be a strong defense.
Which court will hear my Brooklyn identity theft case?
Misdemeanor identity theft stays in Kings County Criminal Court, while indicted felonies move to Kings County Supreme Court. Federal cases go to the U.S. District Court for the Eastern District of New York in downtown Brooklyn. Knowing the court early helps your lawyer plan for the right prosecutors and timeline.
Will I have to pay restitution in an identity theft case?
Usually, yes. New York courts commonly order restitution to cover the victim’s out-of-pocket losses, and it can be ordered on top of any fine or jail time. Paying restitution before sentencing can also help your lawyer negotiate a lower charge or a non-jail sentence.
Why Should I Hire a Brooklyn Identity Theft Lawyer?
Every American has the right to legal counsel when they are accused of a crime.
When you work with a private Brooklyn identity theft attorney like the Law Offices of Robert Tsigler, PLLC, you can expect more robust defense counsel. Our team can provide 24/7 responsiveness to your questions and concerns, guide you through every phase of your case with confidence, and help you understand every available option for formulating your defense.
Identity theft often involves complex technical issues, and our team has the experience necessary to help you address these details fluently. In addition, we may consult with expert witnesses to help you establish your defense, and our team knows how to dismantle even the most seemingly airtight cases from Brooklyn prosecutors.
If you are charged with identity theft in Brooklyn, we can help. Contact the Law Offices of Robert Tsigler, PLLC, today and schedule a consultation with our team to find out how we can help you build the strongest possible defense against the identity theft charges you currently face.
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Contact a Lawyer for Help with a Brooklyn Identity Theft Charge
If you’re facing a forgery charge in Brooklyn, it’s time to contact a lawyer. Identity theft is a serious crime that can land you in jail. Contact the Law Offices of Robert Tsigler, PLLC to get the help you need.
Our dedicated criminal defense lawyers provide high-quality representation for every client and every case. Our goal is to protect your legal rights and provide the best defense solution for your case.
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