If you have been accused of identity theft in New York, understanding the potential penalties is essential. Please continue reading as we explore what qualifies as identity theft, how it’s punished, and how our seasoned Nassau County Criminal Defense Attorneys can help protect your future.
What is Considered Identity Theft Under New York Law?
In New York, identity theft is often defined as the crime of intentionally and fraudulently using someone else’s personal or financial information to obtain a benefit, such as money, goods, services, or credit. Some examples of identifying information in New York include the following:
- Name, date of birth, or address
- Social Security number
- Driver’s license number
- ATM PIn
- Credit card or bank account information
- Biometric identifiers (fingerprints, facial recognition, etc.)
For a defendant to be found guilty of identity theft in New York, prosecutors must demonstrate two crucial elements:
- Knowledge: The defendant must have known they were using another person’s identity.
- Intent: The defendant must have acted with the intent to defraud or commit another crime.
It should be noted that merely possessing someone else’s information, without fraudulently using it, typically does not constitute identity theft.
What Are the Potential Penalties?
Identity theft can lead to multiple charges, with the severity of the offense depending on the financial loss incurred or the nature of the crimes committed. It can be classified as either a misdemeanor or a felony. This crime may also be charged in conjunction with other offenses, such as forgery or grand larceny. Penalties include:
- Third-Degree Identity Theft: This charge applies when a person knowingly uses another person’s personal information to obtain goods, services, or credit. This is a Class A misdemeanor, which is punishable by up to 1 year in jail, a fine of up to $1,000 or double the value of the property subject to the crime, and restitution.
- Second-Degree Identity Theft: This charge applies when the fraud involves more than $500. This is a Class E felony, which is punishable by up to 4 years in state prison, a fine of up to $5,000 or double the value of the defendant’s gain from the crime, and restitution.
- First-Degree Identity Theft: This is the most serious charge in New York, applying when the theft exceeds $2,000. This is a Class D felony, which is punishable by up to 7 years in state prison, a fine of up to $5,000, or double the value of the defendant’s gain from the crime, and restitution.
- Aggravated Identity Theft: This charge applies when an individual assumes the identity of a member of the U.S. armed forces who is deployed overseas, attempting to obtain property or cause financial loss exceeding $500. This is a Class D felony, which is punishable by up to 7 years in state prison, a fine of up to $5,000, or double the value of the defendant’s gain from the crime, and restitution.
Can Aggravating Factors Escalate Penalties?
Penalties can be escalated if aggravating factors exist, such as multiple victims, targeting vulnerable individuals, using technology, or organized schemes. In addition to New York’s penalties, a defendant may face federal charges under the Identity Theft and Assumption Deterrence Act. The penalties under this act include up to 15 years in federal prison, fines of up to $250,000, asset forfeiture, and restitution.
If you have been accused of identity theft in New York, it’s in your best interest to speak with a knowledgeable attorney at KCS Law. Our legal team is prepared to help you build a strong defense and fight for the best possible outcome. Connect with our firm today to schedule a consultation.