NYC Identity Theft Defense Attorney

Identity theft charges involve allegations that someone used another person’s personal information without authorization to obtain money, credit, goods, services, or other property. Prosecutors often build these cases through financial records, digital evidence trails, and testimony from alleged victims and financial institutions.

The accusation strategy often depends on demonstrating intent — proving the accused knowingly possessed or used someone else’s identity information without permission to commit fraud. Moreover, prosecutors may try to point to evidence of similar conduct to establish a pattern and intent.

As a former New York prosecutor, attorney Mehdi Essmidi knows the exact playbook used by the government in identity theft prosecutions. This insight allows our defense team to anticipate evidentiary challenges, identify weaknesses in the prosecution’s narrative, and build strong strategies to challenge identity theft allegations. Contact us today for a free consultation.

Identity Theft

Identity theft takes place when someone unlawfully possesses, uses, or transfers another person’s personal information for personal gain, typically to commit fraud or other crimes.

This may include a 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 damage to the victim’s credit and reputation.

NY Identity Theft Laws

New York law recognizes different degrees of theft crimes. 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 is a class A misdemeanor that takes place 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 by opening fraudulent accounts. 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 as a class E felony. This takes place 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 takes place 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 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 different defense strategies to help you fight the charges. 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.

Our identity theft lawyers understand the challenges and sensitive nature of these charges. Whether these are your first charges or you’ve been previously convicted, identity theft attorney Mehdi Essmidi has the experience to make sure your rights are aggressively protected.

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, robbery, 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.

Free Consultation With an NYC Identity Theft Defense Attorney

If you are facing identity theft charges, it is essential to experienced NY identity theft defense attorney as soon as possible. The penalties of an identity theft conviction can include imprisonment, fines, restitution, and even affect future opportunities. We offer a free initial consultation to discuss your case and explore your legal options.

Whether you are facing third-degree, second-degree, or first-degree identity theft charges, our legal team works tirelessly to achieve the best possible outcome for your case.

Frequently Asked Questions

How can an identity theft defense attorney help me fight the charges?

A New York identity theft defense attorney can provide guidance and support in the legal process by reviewing proof against you, identifying any weaknesses in the prosecution’s case.

What are the penalties for 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 prison sentence, depending on the charges.

Can a theft defense attorney help me negotiate a plea bargain or reduce my charges?

Yes, an experienced NYC theft defense attorney can often help negotiate a plea bargain or reduce your charges. Factors such as the quality 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 impact my identity theft case?

Prior convictions and related crimes can impact your case and potential penalties. A prior criminal record may result in more severe charges, increased penalties, or reduced opportunities for leniency in sentencing.

Can I be charged with identity theft if I sign credit documents for a friend who has bad credit?

Yes, you could face identity theft or fraud charges if you sign credit documents on behalf of someone else, even with good intentions. Misrepresenting yourself or using another person’s identity can lead to legal consequences, so it’s important to contact our law offices in New York state to discuss your legal options.