In Rockland County and throughout New York, the penalties you face for identity theft will depend on the degree of the offense and the amount of harm caused to the victim. 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 occurs when a person knowingly uses the personal identifying information of another person without their permission with the intent to defraud, obtain money, goods, services, property, or to commit a criminal offense.
Under New York law, 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.
Key Legal Elements of Identity Theft
- Knowingly assuming another person’s identity
- Intent to defraud
- Use of personal identifying information without the consent of the individual
- Obtaining property, goods, money, or services
- Causing financial harm or committing a criminal offense
How Is Each Degree of Identity Theft Defined in New York?
Identity theft in New York is generally charged based on the amount of financial harm caused and the severity of the conduct. These distinctions determine not only the degree charged, but whether or not it is a misdemeanor or felony offense, and the potential penalties.
Degree Breakdown
- Third-degree identity theft:
- No minimum financial threshold required
- Involves intent to defraud
- Second-degree identity theft:
- Financial impact exceeds $500
- May involve the attempt or commission of a felony
- Can involve acting as an accessory
- First-degree identity theft:
- Financial impact exceeds $2,000
- Involves the attempt or commission of a Class D felony or higher
- Representative of the most serious offense
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:
- 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. Though these are two separate offenses, both 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.
Penalty Considerations in New York
- Higher degrees are generally tied to more significant financial loss or criminal conduct
- Felony charges can carry potential for time spent in state prison
- Courts can order victim restitution in addition to incarceration
- Prior criminal offenses can significantly impact sentencing outcomes
Identity Theft Trends in New York
New Yorkers reported 58,692 cases of identity theft to the Federal Trade Commission (FTC) in 2024, which is just under one in every 300 New Yorkers. Because identity theft is a serious, consequential event for the victims, prosecutors across the state, including those in Rockland County, are pursuing these charges aggressively.
Why This Matters
- Identity theft is steady across New York State
- Law enforcement and prosecutors take these cases seriously
- A higher volume of cases can result in more aggressive prosecution of these crimes
- Understanding the penalties you can face is critical if charged
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.
However, there are additional steps you should take to best protect yourself and the outcome of your case.
Immediate Steps to Take
- Invoke your right to remain silent when interacting with law enforcement until you have consulted an attorney
- Preserve all financial and digital records
- Do not contact the alleged victims
- Connect with a Rockland County criminal defense attorney familiar with local courts and prosecutorial processes
Contact Our Experienced Rockland County Criminal Defense Firm
Kevin T. Conway, Esq., has over 30 years of experience as a Spring Valley criminal attorney handling matters including identity theft. As such, our firm is ready to help you fight for the best possible outcome for your unique circumstances. If you need a Rockland County criminal lawyer, contact our Spring Valley office for a free consultation.
