Identity Theft Crimes
Staten Island Identity Theft Crimes Lawyer
What Are the Degrees of New York Identity Theft Crimes?
New York State recognizes three degrees of identity theft. Though each is a degree of severity, they come with their own distinct repercussions. Here are how the New York legal system responds to each type of identity theft.
Identity Theft in the Third Degree
Typically, third-degree identity theft describes crimes that are less severe. There is no set financial harm threshold for third-degree identity theft crimes.
Identity theft in the third degree is considered a class A misdemeanor. If convicted, the defendant will receive a maximum of one year in prison. In other instances, the convicted person might receive two to three years of probation.
Although it’s rare, some individuals accused of identity theft in the third degree can plea to a non-criminal offense or receive an alternative resolution (e.g., Adjournment in Contemplation of Dismissal). To achieve this outcome, you’ll need the legal support of a qualified NYC identity theft lawyer.
Identity Theft in the Second Degree
Unlike third-degree offenses, identity theft in the second degree may involve some form of criminal possession, for instance, unlawful possession of a skimmer device or unlawful possession of personal identification.
These crimes also involve a higher value of stolen goods, services, or information, compared to third degree identity theft.
When someone is convicted of identity theft in the second degree, they are being charged with a Class E felony. This is punishable by up to four years in prison, with a minimum sentence of 1 ⅓ years. However, if the convicted isn’t a first-time offender, they may receive a harsher punishment, such as:
During sentencing for a second-degree charge, whether there are prior felony convictions is important.
Identity Theft in the First Degree
Generally, identity theft in the first degree refers to more damaging identity theft crimes with a higher value of stolen services, goods, and/or information.
First-degree identity theft charges are classified as class D felonies. Even if the defendant lacks any prior felony convictions, they can still receive up to seven years in prison.
FAQs Identity Theft Law in Staten Island, NY
Can You Sue for Identity Theft in New York?
Yes, it is possible for someone to sue for identity theft in New York State. If you are currently being sued on the basis of identity theft, contact an NYC identity theft attorney immediately.
Can Identity Theft Charges Be Dropped?
It’s entirely possible for identity theft charges to be dropped in NYC. It is even possible for these charges to be dropped before the first court hearing. That said, some aspects of this depend on the ability of your legal counsel.
Keep in mind that the prosecutor is the only party that can drop these charges. Even if the person accusing you requests that they be dropped, that won’t necessarily be what happens.
What Acts Are Considered a Crime of Identity Theft?
Identity theft is a complex crime, and there are numerous acts that fall under this category.
Identity theft describes any instance where someone unlawfully obtains and uses someone else’s personal data. Deception or fraud must also be involved. The most common objective being financial gain.
Another key component of identity theft is fraudulent intent. The accuser will need to demonstrate that the defendant obtained or otherwise possessed their information while willfully intending to use that information fraudulently and for personal benefit.
Even if that “personal benefit” never occurred, the person can still be convicted of identity theft. All that’s required is the intent.
Once identity theft has been committed, crimes that can occur include (but aren’t limited to):
- Submitting false applications for credit cards or loans
- Fraudulently using online accounts or phone calling cards
- Fraudulently withdrawing from another person’s bank account
Should I Hire a Lawyer If I’ve Been Accused of Identity Theft?
Absolutely. If you have been accused of an identity theft crime in New York City, you should reach out to a criminal defense lawyer immediately. Without a skilled attorney, you’re likely to receive a far harsher punishment than you could have otherwise acquired.
Your identity theft crimes attorney will perform a detailed investigation of the crime you’re being accused of. Using the information they gather during their investigation, combined with their expert legal knowledge, it’s possible for your lawyer to craft a highly effective defense.
Top Rated Staten Island Identity Theft Attorneys
If you’ve recently been accused of an identity theft crime in New York, don’t hesitate to contact the Law Offices of Robert Tsigler. We’re a team of the top criminal defense attorneys in Staten Island and New York City. You can look at some of our life-changing results online.
To schedule your consultation with Tsigler Law, fill out the contact form on our website; a member of our team will get back to you shortly.
Contact a Lawyer for Help with a Staten Island Identity Theft Charge
If you’re facing a forgery charge in Staten Island, 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.