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Identity theft occurs when you knowingly and with the intent to defraud, assume the identity of someone else by acting like them or using personal information of theirs. It is similar to other fraud charges under New York criminal law.
There may be a variety of situations where an identity theft offense is charged. It could be a misuse of identification to defraud or steal money. Identity theft also applies in cases where someone allegedly fraudulently represents themselves in order to get a job, if they are not legally permitted, such as in cases where the person has immigration problems or restrictions.
Or there could be other unidentified reasons why someone assumes another person’s identity.
The charge and potential sentence you face for this offense depends on the specifics of your case.
New York State Identity Theft Laws & Penalties
First degree identity theft is the most serious and occurs under several circumstances. If you are charged with 1st degree identity theft you are facing Class D felony charges that carry a potential sentence of up to 7 years in a state prison.
This charge applies to situations where the loss to the alleged victim was more than $2,000 or an additional felony (Class D or higher) was committed at the same time, or you had previous identity theft convictions within the past 5 years.
Ref: 3 NYPEN 190.80
Second degree identity theft is a Class E felony and punishable by up to 4 years in prison.
You may be charged with this offense if the loss to the alleged victim was more than $500, an additional felony was committed at the same time (Class E), or if you have other qualifying convictions on your record within the past five years.
Ref: 3 NYPEN 190.79
Third degree identity theft is the least serious of the identity theft offenses and is considered a Class A misdemeanor punishable by up to one year in jail.
You may be charged with this offense if you commit identity theft but it doesn’t satisfy the requirements of either 1st or 2nd degree identity theft.
Ref: 3 NYPEN 190.78
Free Legal Consultation on Identity Theft Charges in NY
If you are accused of identity theft in New York state, we are prepared to aggressively defend you in court, whether you are facing a felony or misdemeanor charge. As defense lawyers, we do everything in our power to get you the fair results you deserve.
Please contact us for a consultation and to discuss your case and defense options today.
The case evaluation is free.
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