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 Constitutes Identity Theft Under New York Law?

In New York, identity theft is often defined as a crime under New York Penal Law § 190.77. This generally entails intentionally and fraudulently using someone else’s personal or financial information to obtain a benefit, such as money, goods, services, or credit. This crime can involve many types of personal information and can occur in both the digital world and offline.

This theft is prosecuted under New York law and may be investigated by law enforcement agencies across the state, including Nassau County, Suffolk County, and other jurisdictions.

Types of Personal Information Commonly Used in Identity Theft

  • 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.)

Key Elements Prosecutors Must Prove

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. However, possession of personal information with the intent to commit a crime can be a separate criminal offense under New York Penal Law §§190.81-190.83.

Examples of Identity Theft Crimes in New York

Unfortunately, as technology evolves, so does identity theft. While some offenses involve financial theft, others involve impersonation.

Common Identity Theft-Related Offenses

  • False Impersonation: Representing one’s name, date of birth, address, or other identifying information to avoid legal consequences
  • Criminal Impersonation: Pretending to be a police officer or authority figure
  • Use of Credit Card Skimming Devices: Installing a device used to capture credit card data from unsuspecting consumers at point of sale terminals
  • Schemes to Defraud: Organized efforts to commit fraud through phone scams, phishing emails, or online activity

What Are the Potential Penalties for Identity Theft in New York?

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.

Identity theft offenses are prosecuted in accordance with New York Penal Law and are divided into several categories, depending on the financial harm caused and the conduct involved. Generally, this includes:

  • Third-degree identity theft, which is typically a misdemeanor
  • Second-degree identity theft, which becomes a felony if financial losses exceed a statutory threshold
  • First-degree identity theft, which is charged when the victim suffers substantial harm
  • Aggravated identity theft, which involves impersonation of a protected individual, like a deployed military member

Third-Degree Identity Theft

  • Applies when a person knowingly uses another person’s personal information to obtain goods, services, or credit
  • Class A misdemeanor
  • Punishable by up to 1 year in jail
  • fine of up to $1,000 or double the value of the property involved
  • Restitution

Second-Degree Identity Theft

  • Applies when the fraud involves more than $500
  • Class E felony
  • Punishable by up to 4 years in state prison
  • Fine of up to $5,000 or double the value of the defendant’s gain from the crime
  • Restitution

First-Degree Identity Theft

This is the most serious charge in New York.

  • Applies when the theft exceeds $2,000
  • Class D felony
  • Punishable by up to 7 years in state prison
  • Fine of up to $5,000, or double the value of the defendant’s gain from the crime
  • Restitution

Aggravated Identity Theft

  • Applies when an individual assumes the identity of a member of the U.S. armed forces who is deployed overseas
  • Applies when the individual attempts to obtain property or cause financial loss exceeding $500
  • Punishable by up to 7 years in state prison
  • Fine of up to $5,000, or double the value of the defendant’s gain from the crime
  • Courts may impose restitution

Factors That Can Increase Identity Theft Penalties

If you have been charged with identity theft in New York, it’s important to understand that certain factors may be present that can increase the severity of the penalties imposed by the court.

Aggravating Factors That Can Increase Criminal Penalties

  • Involvement of multiple victims
  • Targeting the elderly or vulnerable victims
  • Participation in an organized fraud scheme
  • Use of technology to conduct theft
  • High financial loss
  • Repeated conduct

Can Identity Theft Lead to Federal Charges?

In some instances, identity theft cases can extend beyond the boundaries of New York State law, as federal prosecutors may pursue charges in the event the crime involves interstate activity, federal benefits, or large-scale schemes.

Potential Federal Identity Theft Penalties

  • Up to 15 years in federal prison
  • Fine reaching up to $250,000
  • Asset forfeiture of funds obtained illegally
  • Mandatory victim restitution orders

Contact an Experienced New York Criminal Defense Attorney

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.