Pretending to be another person or using the personal identifying information belonging to someone other than yourself in order to obtain money, goods, property, or services constitutes the crime of identity theft in the state of New York. All acts of identity theft are illegal; however, the punishment upon being found guilty varies depending on the amount of money or value of goods, property, or services obtained through the use of another’s identity.
Heiferman & Associates, PLLC is a criminal defense law firm with the knowledge and skills to represent you on charges for identity theft. Our attorneys have experience prosecuting and defending identity theft crimes and will aggressively fight to protect your rights through all stages of your case.
Identity Theft Defined
New York statute defines identity theft as assuming the identity of another person by presenting oneself as that person, or by acting as that person or by using personal identifying information of another person to obtain goods, money, property or services; using the credit of another person; or causing a financial loss to other parties.
Personal identifying information includes another person’s name, address, telephone number, birth date, social security number, driver’s license, account numbers or other identifying information to impersonate another.
There are three levels of identity theft each classified as either a misdemeanor or a felony. Punishment for each offense increases depending on the value of the fraud involved.
Identity Theft in the Third Degree
Identity theft in the third degree occurs when an individual, knowingly with an “intent to defraud”, uses or assumes another person’s identity or personal identifying information to obtain goods, money, property, or services, obtain credit, or cause financial loss. Identity theft in the third degree is classified as a Class A Misdemeanor punishable by up to one year in jail and a fine up to $1,000 or up to double the value of the defendant’s gain from the crime.
Identity Theft in the Second Degree
The charge is elevated to identity theft in the second degree if the perpetrator has a prior conviction for identity theft, commits or attempts to commit a felony or acts as an accessory to the commission of a felony and/or the financial loss or property obtained exceeds $500. This offense is classified as a Class E felony punishable by no more than 4 years in prison and a fine no greater than $5,000 or up to double the value of the defendant’s gain from the crime.
Identity Theft in the First Degree
Identity theft in the first degree can be charged if the financial losses exceed $2,000. Classified as a Class D Felony, Identity Theft in the First Degree is punishable by no more than 7 years in prison and a fine no greater than $5,000 or up to double the value of the defendant’s gain from the crime.
Aggravating Factors
Repeat Offenders
The New York penal code looks poorly on repeat offenders, increasing the charge of offenders convicted of identity theft within the previous five years. A prior conviction bumps the offense from a third to a second-degree offense or a second to a first-degree offense. As an example, a defendant charged with identity theft of goods valued at less than $500 who was previously convicted of the same crime in the last 5 years will be charged with identity theft in the second degree instead of third-degree.
Active Military
Stealing the identity of a member of the armed forces with knowledge that the service member is deployed outside of the United States is also an aggravating factor. If the value of the goods, money, property, or services, or financial loss exceeds $500, a defendant will be guilty of a Class D Felony punishable by no more than 7 years in prison and a fine no greater than $5,000 or up to double the value of the defendant’s gain from the crime.
Unlawful Possession of Personal Identifying Information
In addition to charges related to actually using another person’s identity, a defendant may also be charged with unlawful possession of personal identifying information.
Unlawful Possession of Personal Identification in the Third Degree
Unlawful possession of personal identification information in the third degree occurs when a person knowingly possesses personal identification information of another person knowing the information is intended to further the commission of a crime. It is a Class A Misdemeanor punishable by up to 1 year in jail or a fine no greater than $1,000.
Unlawful Possession of Personal Identification in the Second Degree
Unlawful possession of personal identification information in the second degree occurs when a person knowingly possesses 250 or more items of personal identification information of another person knowing the information is intended to further the commission of a crime. It is a Class E Felony punishable by no more than 4 years in prison.
Unlawful Possession of Personal Identification in the First Degree
Unlawful possession of personal identification information in the first degree occurs when a person commits unlawful possession of personal identification information in the second degree and the defendant (1) supervised three or more accomplices, (2) was convicted of identity theft or unlawful possession of personal identification within the last 5 years, or (3) supervised two or more accomplices and had knowledge that the person whose personal information is possessed is an actively deployed member of the armed forces. It is a Class D Felony punishable by no more than 7 years in prison.
Defenses
The New York statute provides three defenses to identity theft and unlawful possession of personal identification information. They are:
- That the defendant was under the age of 21 and using the personal identification to purchase alcohol;
- That the defendant was under the age of 18 and using the personal identification to purchase tobacco products; or
- That the defendant possessed personal identification to gain access to a place where access is age-restricted.
Contact a Queens Criminal Defense Attorney Today
If you are charged with identity theft or possession of personal identification information, the most effective way to protect your reputation from the charges is by seeking the advice of experienced legal counsel. At Heiferman & Associates, PLLC, our attorneys have extensive experience in both criminal prosecution and defense of identity theft and other white-collar crimes. We understand the complexities of the criminal courts. As a client of Heiferman & Associates, PLLC you gain a professional on your side, dedicated to obtaining the best outcome for you. If you are the VICTIM of identity theft, Heiferman & Associates does half hour consultations for $150. Additionally, we urge all victims of identity theft to promptly contact their financial institutions and report any crimes to law enforcement.