Identity theft is a fast-growing and serious crime in today’s digital world. It’s not just about stolen credit cards—identity theft spans a wide range of deceptive actions that can have lasting consequences for both the accused and the victim. When someone illegally uses another individual’s personal details—like social security numbers, bank account information, or online credentials—they can gain access to accounts, secure loans, and make unauthorized purchases. These actions can create a long-lasting financial and emotional burden for victims, damaging credit, reputation, and personal security for years to come. The prosecution treats offenses seriously, but our identity theft defense lawyer can help.
New York law addresses identity theft through an extensive set of statutes aimed at a variety of fraudulent acts. These laws cover everything from minor infractions to large-scale operations, with penalties that match the offense’s seriousness. Law enforcement and prosecutors often work diligently to investigate these crimes, utilizing advanced technology to follow digital trails, inspect banking details, and uncover hidden assets. The severity of charges can hinge on many factors, including the value of goods or services stolen, the extent of harm to the victim, and whether the accused has a prior criminal record.
These cases can be anything but straightforward. Many defendants are blindsided by allegations, learning they are under scrutiny only when charges are filed. Some are caught in cases of mistaken identity, while others are unaware that their conduct crossed a legal boundary. This makes identity theft cases intricate and often complicated, requiring a thorough and skilled examination of the facts.
The consequences for identity theft convictions on Long Island can be harsh. Depending on the specific charge, penalties can range from a misdemeanor with fines and probation to a felony carrying substantial prison time and severe financial repercussions. In addition to criminal charges, individuals may face civil lawsuits brought by victims seeking compensation for their losses. Beyond fines and imprisonment, a criminal record can follow a person for life, affecting opportunities for employment, housing, and financial stability.
Due to the high stakes involved, anyone accused of identity theft needs to fully understand the allegations and the potential consequences. A strong legal defense is crucial in these situations, especially when facing serious penalties and reputational damage. Each case demands a tailored strategy, whether it’s a matter of unauthorized data use, misapplied credit, or elaborate fraud schemes involving substantial amounts of money.
At The R.M.L. Law Firm, PLLC, we understand that no two identity theft cases are the same. Our firm’s LI fraud crimes defense attorney takes the time to investigate every detail, challenge weak evidence, and build a defense designed for the unique circumstances of each client. Whether it’s a straightforward case of credit card misuse or a complex network of identity-related crimes, we stand ready to bring our in-depth knowledge of New York law to your defense.
Breaking Down Identity Theft Charges in New York
Under Article 190 of New York law, identity theft is defined as presenting oneself as another person or using someone’s personal information without permission. This includes names, addresses, birth dates, social security numbers, bank details, credit card information, and other identifiers.
Identity theft charges can range from a misdemeanor to a felony, depending on the severity and details of the case. More severe charges often come with harsh penalties, including lengthy prison sentences and significant fines. It’s also common for identity theft charges to be accompanied by other offenses, adding to the potential consequences.
Identity Theft in the Third Degree (NY Penal Law 190.78)
Penalty: This offense is a Class A Misdemeanor, punishable by up to 1 year in jail, 3 years probation, or a combination of both, along with a $1,000 fine.
Definition: This charge applies when you knowingly assume another’s identity with fraudulent intent, and do any of the following:
- Obtain money, goods, property, services, or use credit using someone else’s information.
- Cause financial loss to the victim or another party.
- Commit a Class A Misdemeanor or higher crime using the stolen identity.
Identity Theft in the Second Degree (NY Penal Law 190.79)
Penalty: This is a Class E Felony, which can result in up to 4 years in prison, 5 years of probation, or a combination, and up to a $5,000 fine.
Definition: This offense involving any of the following:
- Fraudulently obtaining goods, money, or services worth more than $500.
- Committing or attempting to commit a Felony, or act as an accessory in the commission of a Felony.
- Committing Identity Theft in the 3rd Degree and have a prior conviction within the last five years for any of the following offenses:
- Identity Theft in the 1st, 2nd, or 3rd Degree,
- Unlawful Possession of Personal Identification Information in the 1st, 2nd, or 3rd Degree,
- Unlawful Possession of a Skimmer Device in the 1st or 2nd Degree, or
- Grand Larceny in the 1st, 2nd, 3rd, or 4th Degree.
Identity Theft in the First Degree (NY Penal Law 190.80)
Penalty: This offense is a Class D Felony, with penalties up to 7 years in prison, 5 years probation, and fines up to $5,000.
Definition: This is the most severe identity theft charge, involving:
- Fraud exceeding $2,000 using someone else’s personal data.
- Committing or attempting a Class D Felony or more serious crime.
- Committing Identity Theft in the 2nd Degree and were convicted of any of the following offenses within the last five years:
- Identity Theft in the 1st, 2nd, or 3rd Degree,
- Unlawful Possession of Personal Identification Information in the 1st, 2nd, or 3rd Degree,
- Unlawful Possession of a Skimmer Device in the 1st or 2nd Degree, or
- Grand Larceny in the 1st, 2nd, 3rd, or 4th Degree.
Aggravated Identity Theft (NY Penal Law 190.80-a)
Penalty: Like first-degree identity theft, this is a Class D Felony, punishable by up to 7 years in prison, along with fines and probation.
Definition: This charge involves knowingly targeting a member of the armed forces deployed outside the U.S. to commit identity theft involving over $500.
How Identity Theft Can Happen on Long Island
Identity theft often begins with stealing someone’s personal information, and it can happen in many different ways. On Long Island, as elsewhere, various techniques can be used to gain access to sensitive details. Here are some common methods:
- Wallet Theft: Stealing a wallet can gain immediate access to credit cards, IDs, and other personal information that can be used for fraudulent purposes.
- Mail Interception of Bank or Credit Card Statements: Taking someone’s mail, including bank or credit card statements, to access sensitive financial information. This often leads to unauthorized transactions or identity fraud.
- Computer Hacking Using Malware or Phishing Emails: Deploying malware or send fraudulent emails, tricking individuals into revealing sensitive data, such as Social Security numbers or passwords.
- Unsecured Websites or Public Wi-Fi Vulnerabilities: Using unsecured websites or public Wi-Fi networks, commonly found in places like coffee shops or public transportation hubs on Long Island, can expose sensitive information to those looking to exploit these weak points.
- Skimming Devices at ATMs or Gas Pumps: Skimming devices on ATMs or gas pumps, often in busy areas, can be used to steal credit or debit card information when a person swipes their card.
- Dumpster Diving for Discarded Documents: Going through trash to find discarded documents containing personal information, such as bank statements or medical records, that can be used for identity theft.
- Shoulder Surfing to Capture Private Information: Watching someone from a close distance to capture their personal information, often in public places like coffee shops or libraries in Long Island.
- Dark Web Purchases of Stolen Data: Buying stolen personal data, including credit card numbers and Social Security numbers, on the dark web, and using it to commit fraud or open unauthorized accounts.
Unlawful Possession of Personal Identifying Information Charges
Due to the broad scope of activities covered under identity theft laws, charges often include related offenses of Unlawful Possession of Personal Identification Information, which carry their own severe consequences.
These charges apply when someone knowingly possesses stolen personal information with the intent to use it for illegal purposes.
Unlawful Possession of Personal Identification Information in the Third Degree (NY Penal Law 190.81)
Penalties: This charge is classified as a Class A Misdemeanor, carrying serious consequences, including up to one year in jail, three years of probation, or a combination of both. Additionally, the individual may face fines of up to $1,000. A conviction for this offense results in a permanent criminal record, impacting employment opportunities, housing, and other areas of life.
Definition: This offense occurs when someone knowingly possesses another individual’s personal identification information, intending to use it for a criminal act such as Identity Theft or to assist others in committing a crime. Examples of such information can include Social Security numbers, bank account details, or driver’s license numbers. Even if the information is not actually used, mere possession with criminal intent is enough for a conviction.
Unlawful Possession of Personal Identification Information in the Second Degree (NY Penal Law 190.82)
Penalties: Classified as a Class E Felony, this crime is more severe than the Third Degree offense. It is punishable by up to four years in prison, five years of probation, and a $5,000 fine. A felony conviction carries long-term consequences, affecting voting rights, the ability to own firearms, and future sentencing if additional offenses are committed.
Definition: This charge escalates the offense by requiring the possession of a significant quantity of identifying information—specifically, 250 or more pieces. The law targets larger-scale operations where a person has accumulated extensive personal data, indicating a higher level of intent and sophistication. The information can include anything from multiple credit card numbers to hundreds of medical records or sensitive documents.
Unlawful Possession of Personal Identification Information in the First Degree (NY Penal Law 190.83)
Penalties: This offense is categorized as a Class D Felony, carrying a potential prison sentence of up to seven years, five years of probation, or a combination of both. Fines can be substantial, reflecting the gravity of the offense and the extent of the harm caused. A conviction at this level results in a permanent felony record, making it challenging to find employment, secure loans, or pursue higher education. This crime is viewed as highly detrimental, both to individuals and to society, as it often involves organized schemes or large-scale identity theft rings.
Definition: First Degree charges are the most serious within this category, involving not only the possession of substantial amounts of personal identification data but also the presence of aggravating factors. These factors include supervising or managing accomplices during the crime or intentionally targeting vulnerable individuals, like deployed military members. Additionally, the charge applies if the defendant has prior convictions for related offenses within the last five years.
Protect Your Future—Choose an Experienced Long Island Identity Theft Defense Lawyer
Identity theft charges can be intricate, involving detailed evidence and complex legal arguments. You need an Identity Theft criminal defense lawyer who understands identity theft laws. Attorney Ramy M. Louis, a former Nassau prosecutor, has specialized training in identity theft and extensive experience handling these complex cases on Long Island. His unique background gives him a keen insight into how Long Island prosecutors think, helping you build the best possible defense.
If you or a loved one is facing an identity theft charge, don’t wait. The sooner you get in touch, the sooner we can start building your defense. Protect your rights, reputation, and future with an experienced lawyer who can build a strong defense for you. Contact us today.
