As a result of the increasing number of digital transactions and online services, identity theft is on the rise. This crime involves unauthorized access to another person’s personal information such as their social security, credit card, bank account, or even their passwords and PIN numbers.
If you have been accused of identity theft or identity fraud in New York, you need an experienced and knowledgeable defense attorney on your side. An NYC identity theft lawyer who has successfully defended clients with this type of charge will fight to protect you from the harsh penalties that are often associated with identity fraud crimes, including years in jail or a lengthy probation period.
The first step in fighting any criminal case is to find a competent and seasoned identity theft attorney who can represent you aggressively, investigate the matter thoroughly and explore all possible defenses. A skilled NYC identity theft attorney will also litigate through motion practice and if appropriate, try your case before a jury so that you can get the best possible results in the event that a judge finds you guilty.
Penalties for Identity Theft in New York vary based on the specific charges you are facing and your prior criminal record. Generally, these offenses are classified as Class A misdemeanors or Class D felonies and range from a minimum of a few months in jail to up to four years in prison. The severity of the charges depends on the value of the stolen identifying information or the goods and services obtained in violation of that information.
There are multiple laws that apply to identity theft in New York and federal law. These include a variety of federal statutes that address the offense and other related offenses such as unauthorized use of a computer, bank fraud, and mail or wire fraud.
In addition to these laws, there are also New York State statutes that apply to identity theft. These include a law that makes it illegal to sell the identifying information of another person and a law that requires you to obtain the consent of any person who has information about you before you can use it for any purpose.
The laws regarding identity theft in New York are complex and prosecutors have a large arsenal of tactics to use against you. Whether the charges are for stealing another’s identity, unauthorized use of a computer, or mail fraud, you need an NYC identity theft lawyer who has experience handling these cases.
Your identity is valuable and your reputation is important. It is vital that you have an experienced and effective identity theft lawyer who will defend you from the prosecution’s allegations, ensure your rights are protected, and help you get your life back on track after a criminal identity theft conviction.
Across the country, identity theft is a growing concern for both consumers and law enforcement. It’s not just about stealing credit card numbers and Social Security numbers; it can include everything from using a stolen identity to file for bankruptcy to fraudulently obtaining health insurance or prescription drugs.
The New York Legislature has a wide range of identity theft crimes in its criminal code, ranging from low-level misdemeanors to serious felonies. Whether you’re charged with identity theft depends on the amount of financial harm you caused, or how much information you accessed and stole.
First Degree Identity Theft is a Class D felony that can lead to a prison sentence of up to seven years.
Second Degree Identity Theft is a Class E felony that can lead to a prison term of up to four years, depending on the facts of the case and the defendant’s prior record.
Third Degree Identity Theft is a Class A misdemeanor that can lead to a prison term of one year and up to $1,000 in fines.
The state has an extensive program to help victims of crime. The New York Office of Victim Services (OVS) offers a wide range of services for individuals and families affected by crime, including crisis counseling, therapy, emergency shelter, and civil legal assistance. Those who are a victim of identity theft can also qualify for financial assistance from OVS. This assistance may cover a range of costs, such as medical bills and counseling costs.
Identity theft crimes include stealing a person’s personal identifying information, such as social security numbers, bank account numbers, and credit card numbers. It is a crime that can lead to legal trouble, insurance rate increases, and even incarceration.
Often, the victim of identity theft has to go through a long and expensive process to get their money back or repair their credit. This can affect everything from finances to relationships with family and friends. In addition, identity theft victims can experience a lot of anxiety and stress as they deal with their new financial situation and work to get back on their feet.
Criminals use many methods to steal identities. Some are obvious, like stealing bills or other personal paperwork from your mailbox or dumpster. Others are harder to detect. For example, if a thief is using your email or telephone to steal information or obtain a fraudulent credit card in your name, you may not notice it for a while.
A thief can steal your bills or other personal information by placing skimmers on your mailbox or dumpsters. They can also access your personal documents from unsecured networks and through online scams.
Using someone’s information to commit fraud or deception is a federal crime, which is prosecuted under 18 U.S.C. SS 1028, which states that it is a misdemeanor to produce identification, false documents, or possess documents intended to be used for fraud.
If a criminal gets your medical records or insurance information, they can make legitimate claims on your behalf and get medical services under your name. This is especially common in the healthcare industry, where thieves can swindle you out of thousands of dollars by getting you to sign for unnecessary care or fraudulently paying your doctor’s bill.
If an identity thief uses your credit card or bank account to take out loans in your name, they can rack up significant debt and damage your credit. These losses can impact your credit score and affect your ability to get a mortgage or other forms of financing.
In this type of exploit, a thief partially or completely fabricates an identity by combining stolen data from different sources. They can combine a Social Security number with unrelated birthdates and other pieces of personal identifying information to create a fake identity that they can use to commit fraudulent acts.
These types of scams are difficult to trace and can be very confusing for law enforcement. It is also hard to prove that an individual is the victim of identity theft, so it is important to report any suspicious activities as soon as possible.
Lebedin Kofman LLP | Criminal Attorney and DWI Lawyer
26 Broadway 3rd floor, New York, NY 10004, United States
(646) 663-4430