Identity theft is a serious crime, and a conviction can result in significant consequences. If you have been arrested for a related offense, work with an experienced Stony Point, NY criminal defense attorney for skilled representation.

What is Considered Identity Theft in NY?

The criminal offense of identity theft involves using someone else’s personal identifying information without permission to obtain money, goods, services, or other benefits, or to commit a crime. New York Penal Law §§ 190.78-190.80 defines identity theft. The offense is divided into three degrees based on the amount of loss or harm caused.

How is Each Degree of Identity Theft Defined?

Identity theft in the third degree occurs when a person knowingly and with intent to defraud assumes the identity of another person by presenting themself as that other person, or by acting as that other person, or by using personal identifying information of that other person, and thereby:

  1. Obtains goods, money, property, or services or uses credit in the name of such other person or causes financial loss to such person or to another person or persons; or
  2. Commits a crime graded as a class A misdemeanor or higher

Identity theft in the second degree is when a person, knowingly and with intent to defraud, assumes the identity of another person and thereby:

  1. Obtains goods, money, property, or services, or uses credit in the name of such other person, exceeding $500; or
  2. Causes financial loss to such person or another person in an amount that exceeds $500; or
  3. Commits or attempts to commit a felony or acts as an accessory to the commission of a felony

Identity theft in the first degree occurs when a person, knowingly and with intent to defraud, assumes the identity of another person and thereby:

  1. Obtains goods, money, property, or services, or uses credit in the name of such other person, exceeding $2,000; or
  2. Causes financial loss to such person or another person in an amount that exceeds $2,000; or
  3. Commits or attempts to commit a crime graded as a class D felony or higher, or acts as an accessory to the commission of a class D felony or higher level felony

If you have prior convictions for a similar offense, it can also enhance the degree of crime you are charged with.

What Are the Consequences of a Conviction in NY?

The consequences that you incur for an identity theft conviction will vary depending on the degree of offense you are charged with. Third-degree identity theft is a class A misdemeanor, second-degree is a class E felony, and first-degree is a class D felony.

While the penalties will vary depending on the specific circumstances of the situation, the general sentencing guidelines are as follows.

  • Class A misdemeanor: Up to 1 year in jail and fines of up to $1,000
  • Class E felony: Up to 4 years in prison and fines of up to $5,000, or based on the financial gain of the crime
  • Class D felony: Up to 7 years in prison and fines of up to $5,000, or based on the financial gain of the crime

If you are facing identity theft charges in New York, reach out to a skilled defense attorney today.