Identity theft is defined as when a person intends to defraud another, and assumes the identity of another person by purporting to be that person or acting as the individual by using personal identifying information of that individual.
In doing so, that individual may obtain property, money, or goods that can cause a loss to that person. This is classified as a Class A misdemeanor and can be punishable by a year in jail.
If you are facing a charge of identity theft, it is important to contact a fraud lawyer in New York as soon as possible. An experienced identity theft attorney in New York City can build a defense to help lessen or dismiss any consequences associated with the charge.
Defining the ChargeSuch an offense is classified as identity theft in the second degree. This is the same charge as the intention to fraud. This occurs when the individual assumes the identify of another person and presents themselves as another individual using personal identifying information.
To bring forward a charge in the second degree, an individual must use an amount of credit or goods of over $500, or cause a loss that exceeds $500. The person may also attempt to commit a felony during the commission of this identity theft.
Finally, there is identity theft in the first degree. With this degree of the charge, an individual obtains goods, money, or services in the amount that exceeds $2,000, causes a loss that exceeds $2,000, or commits a Class D felony in the process of also committing identity theft. A New York identity theft lawyer can best help an individual defend against such an allegation.
Personal identifying information is classified as either bank account numbers, credit card numbers, social security numbers, an individual’s date of birth, driver’s license number, address, or telephone number.
Common OffensesThere are specific crimes for identity theft, which are identity theft in the first degree, second degree, or third degree, and these range from a misdemeanor to Class D felonies.
Usually, identity theft crimes are often associated with grand larceny, because there is usually a taking of property or goods involved. An identity theft attorney in New York City can best help an individual understand the specific circumstances of their charge.
There is also often a forged instrument component. An example may be if a person has a state credit card in some capacity. It may not be completely safe, but has the person’s identifying information on it. In this scenario, an individual would be facing a Class D felony for the criminal possession of a forged instrument in the second degree.
For instance, the person may spend $5,000 using that card. That would be considered a Class D felony for the grand larceny, which carries serious penalties, on top of the Class D felony for identity theft.
There are many ways that this crime is associated with other offenses. It usually does not stand on its own. Any further charges can be combatted using an identity theft attorney in New York City.
Bringing Forward an AccusationSometimes, individuals are caught in the act of identity theft. They may be in a store or online, making purchases with a credit card belonging to another person. Other times, an individual may be pulled over by the police, and they notice that the person driving has many different debit or credit cards with different names on them. They may check to see if those cards are fraudulent.
People do not necessarily understand or recognize that they are committing identity theft because they think they may be committing other crimes.
However, anytime someone has someone else’s personal information, such as their name, address, date of birth, or social security number, and the person is purporting to be that person, they are committing identity theft. These circumstances can be best explained by a New York City identity theft lawyer.
Often, identity theft may not be the top charge because if the person is stealing and has stolen over $50,000 in the process of committing identity theft, then the crime is a Class D felony, and the larceny would be a Class C felony.
Essential Case InformationWhen defending a case of identity theft in New York, an individual should know what jurisdiction they are in, how many potential counts of the charge they are facing, or if they have demonstrated conduct that is associated with identity theft.
For example, an attorney will determine if the crime is a larceny scheme, if it involves fake credit cards, checks, IDs, or passports, and the overall nature of the crime.
A New York identity theft lawyer will determine the value of the theft from a monetary standpoint, if there have been search warrants executed, if the person is in association with other individuals, and if there is a criminal enterprise that is involved in the offense.
Further, an experienced identity theft lawyer will figure out if the stolen money can be paid back, if there was probable cause to arrest the individual, and if there were any other informants involved in the case. A knowledgeable identity theft lawyer in New York City can help build a case from these key elements.
Taking a Plea DealWhen an attorney believes that they have presented all possible defenses, tried to mitigate their client’s conduct, and that there are no other alternatives, an individual may consider taking a plea deal.
No matter the strengths or weaknesses of the case, there comes a point where there must be a resolution. The resolution may be a trial, a dismissal, or a plea deal. Depending on how the case plays out, an individual’s New York identity theft attorney may advise them to take a plea deal.