What are the Penalties for Identity Theft in New York?

New Yorkers reported a record 67,202 cases of identity theft to the Federal Trade Commission (FTC) in 2020. This marks an 85 percent jump from the previous year. To learn more about identity theft charges and the penalties that come with the three degrees of identity theft, continue reading. If you are facing identity theft charges it is essential that you retain the services of an experienced criminal defense attorney who will work to fight for your rights in court.

How is identity theft defined in New York?

In New York, identity theft is defined as an individual “knowingly and with intent to defraud” assuming another individual’s identity and with that identity, obtaining goods, money, property, or services, using credit or causing financiers loss, or committing a class A misdemeanor or higher level crime.

What are the penalties for identity theft in New York?

The following are the penalties for third, second, and first-degree identity theft in New York. The consequences will differ depending on the degree you are convicted of:

• Third Degree Identity Theft is considered 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.
• Second Degree Identity Theft is considered 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.
• First Degree Identity Theft / Aggravated 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.

What should I do if I am accused of identity theft?

If you have been accused of identity theft, the first step you should take is to retain the services of a skilled and knowledgeable criminal defense attorney who understands that this crime can carry heavy consequences that can affect your future. Our legal team is prepared to explore all avenues of defense on your behalf. We will fight for your rights in court. If you have any additional questions regarding identity theft charges in New York, give us a call.

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Kevin T. Conway has over 30 years of experience as a Spring Valley criminal attorney handling DUI, DWI, traffic violations, violent crimes, sex crimes, illegal gun possession, shoplifting, and juvenile crimes. Attorney Conway is also experienced in commercial law matters, zoning law, and estate planning. If you need a Rockland County criminal lawyer, contact our Spring Valley office for a free consultation.