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NYC Identity Theft Defense Attorney

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Defending New Yorkers Charged with Identity Theft

Identity theft is a serious crime that has become increasingly prevalent in today’s digital age. If you are facing identity theft charges in New York, you need a skilled and experienced NYC identity theft defense attorney on your side to help you navigate the complex legal system and protect your rights. At our law office, we have successfully defended numerous clients charged with identity theft crimes, and we have the knowledge and expertise to help you too.

What Is Identity Theft?

Identity theft occurs when someone unlawfully possesses, uses, or transfers another person’s personal information for personal gain, typically to commit fraud or other crimes. This personal identification information may include a person’s social security number, credit card number, driver’s licenses, or account numbers. When an individual assumes the identity of another person, they may cause financial harm and serious damage to the victim’s credit and reputation.

Identity Theft Crimes in New York

New York law recognizes several degrees of identity theft crimes, with each degree defined under specific penal codes. These range from third-degree identity theft (NY Penal Code 190.78) to first-degree identity theft (NY Penal Code 190.80), with aggravated identity theft (NY Penal Code 190.80-A) as an additional separate offense. The severity of the charges depends on the nature of the crime and the value of the stolen property or services obtained.

Third Degree Identity Theft

Under NY Penal Code 190.78, identity theft in the third degree, a class A misdemeanor, occurs when a person assumes another person’s identity to obtain goods, services, or credit or to cause financial loss to the victim or another person. A conviction for third-degree identity theft can result in a sentence of up to one year in jail.

Second Degree Identity Theft

NY Penal Code 190.79 defines identity theft in the second degree, a class E felony. This more serious crime occurs when a person’s identifying information is used to obtain goods, services, or credit valued at more than $500, or if the crime causes financial loss of more than $500 to the victim or another person. A conviction for second-degree identity theft can lead to a prison sentence of up to four years.

First Degree Identity Theft

First-degree identity theft, as outlined in NY Penal Code 190.80, is a class D felony. This crime occurs when the stolen property or services obtained or financial loss to the victim or another person exceeds $2,000. A conviction for first-degree identity theft can result in a prison sentence of up to seven years.

Aggravated Identity Theft

NY Penal Code 190.80-A establishes aggravated identity theft as a separate offense in New York. This crime involves the use of another person’s identifying information to commit a class D or higher felony against a member of the armed services or armed forces while they are deployed or within 180 days of deployment. Aggravated identity theft is a class D felony, punishable by an additional term of imprisonment, in addition to any other penalties for the underlying identity theft crime.

Possible Defenses and Legal Counsel

An experienced NYC identity theft defense attorney can explore various defense strategies to help you fight the charges and avoid a criminal record. These may include challenging the evidence, demonstrating that you were not aware that the personal identification information belonged to another person, or arguing that the prosecution has not proven all the elements of the crime beyond a reasonable doubt.

At our law office, our identity theft lawyers understand the unique challenges that come with defending against identity theft charges. As a former prosecutor, Mehdi knows the strategies used by the prosecution and can leverage that knowledge to build a strong defense for your case.

Our criminal defense attorney will work tirelessly to protect your rights and freedom. We will thoroughly investigate the circumstances surrounding your case, negotiate with the prosecution, and advocate for reduced charges, dismissal, or acquittal. In some cases, a skilled identity theft attorney may be able to negotiate a straight conditional discharge or a split sentence, especially for first-time offenders with no prior convictions.

Free Consultation With an NYC Identity Theft Defense Attorney

If you have been charged with identity theft, it is essential that you seek legal counsel immediately. The consequences of an identity theft conviction can be severe, including imprisonment, fines, restitution, and long-lasting damage to your reputation and future opportunities. At our law office, we offer a free initial consultation to discuss your case and explore your legal options.

During the consultation, our experienced NYC identity theft defense attorney will review the details of your case, explain the potential penalties, and outline a strategy to achieve the best possible outcome. We understand that facing identity theft charges can be stressful and overwhelming, and we are committed to providing compassionate and personalized legal representation.

Related Crimes and Charges

In addition to identity theft charges, you may also be facing other crimes related to the alleged identity theft, such as fraud, grand larceny, credit card fraud, forgery, or possession of a forged instrument. These related crimes can carry additional penalties and consequences, making it even more critical to have an experienced lawyer on your side.

Our identity theft attorneys have extensive experience defending clients against a wide range of criminal charges, including identity theft and related crimes. We will work to identify any weaknesses in the prosecution’s case and pursue all available legal remedies to help you avoid or minimize the consequences of a conviction.

FAQ

What should I do if I have been arrested or charged with identity theft in New York City?

If you have been arrested or charged with identity theft in New York City, it is crucial that you contact an experienced NYC identity theft defense attorney as soon as possible. An attorney can help you understand your rights, navigate the legal system, and develop a strong defense strategy to protect your future. Do not discuss your case or provide any statements to law enforcement without first consulting with your attorney, as anything you say can be used against you in court.

How can an NYC identity theft defense attorney help me fight the charges and protect my rights?

An NYC identity theft defense attorney can provide valuable guidance and support throughout the legal process. They will thoroughly review the evidence against you, identify any weaknesses in the prosecution’s case, and develop an effective defense strategy tailored to your specific circumstances. Additionally, they can negotiate with the prosecution to reduce charges, seek a dismissal, or obtain a favorable plea agreement. An experienced attorney will also represent you in court and advocate for your rights, working to secure the best possible outcome for your case.

What are the potential penalties and long-term consequences of an identity theft conviction in New York?

The penalties for identity theft convictions in New York depend on the degree of the offense, the value of the stolen property, and the financial loss suffered by the victim. Consequences can range from probation to a lengthy prison sentence, depending on the severity of the charges. In addition to legal penalties, an identity theft conviction can have long-lasting consequences, including damage to your reputation, difficulty obtaining employment or housing, and challenges with obtaining credit or loans.

Can an experienced NYC identity theft defense attorney help me negotiate a plea bargain or reduce my charges?

Yes, an experienced NYC identity theft defense attorney can often help negotiate a plea bargain or reduce your charges. They will use their knowledge of the legal system and their experience with similar cases to advocate on your behalf, presenting the prosecution with reasons why a reduced charge or plea agreement is in the best interest of both parties. Factors such as the strength of the evidence, your criminal history, and the specific circumstances of your case will influence the likelihood of a successful negotiation.

How do prior convictions and related crimes, such as credit card fraud or grand larceny, impact my identity theft case and potential penalties?

Prior convictions and related crimes can significantly impact your identity theft case and potential penalties. A prior criminal record may result in more severe charges, increased penalties, or reduced opportunities for leniency in sentencing. Additionally, if you are charged with related crimes, such as credit card fraud or grand larceny, you may face additional penalties and consequences, making it even more critical to have an experienced NYC identity theft defense attorney on your side to help protect your rights and fight for the best possible outcome in your case.

Protect Your Future With an Experienced New York Identity Theft Defense Attorney

At our New York City law office, we understand that facing identity theft charges can have a profound impact on your life, career, and personal relationships. Our team is committed to providing the aggressive, knowledgeable representation you need to protect your rights and your future.

Whether you are facing third-degree, second-degree, or first-degree identity theft charges, or if you are dealing with other crimes such as credit card fraud or grand larceny, our experienced legal team will work tirelessly to achieve the best possible outcome for your case. We recognize that each case is unique, and we will tailor our approach to your individual needs and circumstances.

Don’t let an identity theft conviction derail your future. Contact our law office today to schedule your free consultation with an experienced NYC identity theft defense attorney. Together, we will explore your options and work to secure the best possible resolution for your case.