As reported in a study by Norton, roughly 350 million people in 10 countries were victims of identity fraud last year.
Criminal identity theft often occurs when an identity thief gives someone else’s personal information or name to law enforcement during an arrest or investigation. They may give the police a stolen driver’s license or another ID card in the victim’s name. They may steal and use your social security number, or bank and credit card accounts and use the information to establish credit, make purchases, apply for loans or even seek employment. They might also use the name of a friend or relative without showing any type of ID.
Unfortunately, victims are often unaware that there is a criminal record or arrest warrant in their name, and may not know there’s a problem until a negative action is taken against them.
What Constitutes Identity Theft In New York?
Identity theft is the unlawful use of an individual’s personal identification information. Identity thieves steal information such as your name, social security number, driver’s license information, or bank and credit card accounts and use the information to establish credit, make purchases, apply for loans or even seek employment.
- Aggravated identity Theft: (NY Penal Code Section §190.80-A)
Assuming the identity of another person knowingly and with intent to defraud if the person whose identity is assumed is in the armed forces and deployed. A defendant can be charged with this offense for obtaining money, property, goods, services, or using the credit of someone in the armed forces to obtain goods or cause losses of a total of $500 or more.
- Identity Theft in the First Degree: (NY Penal Code Section § 190.80)
Money, goods, property or services are obtained or credit is used in someone else’s name and the total value of goods, property, services, or credit exceeds $2,000. A defendant may also be charged with first degree identity theft if the loss is less than $2,000, but more than $500 if he or she has a prior criminal history of a similar offense within the past five years.
- Identity Theft in the Second Degree: (NY Penal Code Section § 190.79)
A defendant can be charged with second degree identity theft when the offense involves obtaining goods, services, or credit totaling more than $500 or causing more than $500 in losses. If you would normally face third degree identity theft charges, explained in greater detail below, but have a similar prior conviction in the past five years, the third degree charge will be upgraded to second degree.
- Identity Theft in the Third Degree: (NY Penal Code Section § 190.78)
A defendant faces this charge for identity theft that results in an aggregate loss or that allows a defendant to obtain goods, services, or credit totaling less than $500.
Penalties for Identity Theft
Identity theft laws, like all criminal laws, vary from state to state. In New York, identity theft conviction can lead to the following penalties:
- Aggravated Identity Theft & First Degree Identity Theft are Class D Felonies
These are punishable by up to 7 years in prison. Consequences will include a fine of up to $5,000 or up to double the value of the defendant’s gain from the crime.
- Second Degree Identity Theft is a Class E Felony
This is punishable by up to 4 years in prison. Penalties will include a fine of up to $5,000 or up to double the value of the defendant’s gain from the crime.
- Third Degree Identity Theft is a Class A Misdemeanor
This is punishable by up to 1 year in prison. Consequences will also include a fine of up to $1,000 or up to double the value of the property subject to the crime.
Charged With Identity Theft? You Need to Hire a Criminal Attorney
Though the punishments for Identity Theft crimes differ, any conviction has the potential to impact your permanent record and affect you for the rest of your life. Those facing criminal charges need the expertise of Adam Bolotin, a criminal defense attorney that knows the ins and outs of the criminal justice system. Adam Bolotin has many years of experience representing clients facing serious financial charges including Identify Theft. If you or a loved one are charged with Identify Theft, don’t hesitate to call Adam Bolotin today at 646-368-8688, or click here to schedule a free consultation.
