Identity Theft Crimes
It is accurate to say that most people in New York and elsewhere have been impacted by the crime of Identity Theft. As a result, judges, juries and prosecutors are not sympathetic to people charged with Identity Theft and related crimes. This is know by many, especially by a skilled New York City identity theft attorney.
- Identity Theft in the Third Degree - New York Penal Law 190.78
- Identity Theft in the Second Degree - New York Penal Law 190.79
- Identity Theft in the First Degree - New York Penal Law 190.80
- Aggravated Identity Theft - New York Penal Law 190.80-A
Whether credit card account information from a customer is swiped at a restaurant, an individual possesses counterfeit, stolen or fraudulently obtained credit cards, or someone is using personal information obtained from online "dumps," it is imperative that your New York City criminal defense lawyer has real experience with the complex issues involved in this crime. Jeremy Saland, a founding member of the Manhattan District Attorney's Office Identity Theft Unit and Major Case Section after the Unit's creation, is one of only a handful of attorneys who has real Identity Theft training and experience. Mr. Saland not only received specialized Identity Theft training as a prosecutor, taught others about Identity Theft and supervised multi-million dollar identity Theft Investigations with federal and state law enforcement, but Mr. Saland has represented individuals charged with these crimes as well.
For an individual charged in New York State with Identity Theft, the crime generally occurs when a person obtains a victim's personal identifying information and uses that information for his or her benefit. More specifically, Identity Theft occurs if someone uses another person's identity-related information for personal gain or to cause financial harm to another. Assuming someone's identity involves presenting himself as another person, usually via using another's personal identifying information. "Personal identification information" can refer to debit card numbers, credit card numbers, social security numbers, and also a person's mother's maiden name. Identity Theft crimes, depending on the nature of the offense, are classified as anywhere from lower level misdemeanors to higher level felonies, depending on the value of the information used or the value of goods and services acquired with that information. Felony identity theft can result in many years spent behind bars in state prison.
Identity Theft is a charge prosecutors can easily establish with minimal effort such as where an individual merely uses another person's check to take money without permission. On the other hand, Identity Theft charges are often more complex and brought against individuals or crews involved in sophisticated schemes such as credit card "bust outs," "identity takeovers," "data breaches," or other criminal enterprises.
Prosecutors can make Identity Theft charges more severe, especially if the identity theft takes place along with another felony. If the other felony carries a heavier sentence than does the identity theft charge, the more severe of the two charges can be used against the suspect.
Identity Theft is often charged together with other crimes such as
- Unlawful Possession of Personal Identifying Information
- Scheme to Defraud
- Grand Larceny
- Unlawful Possession of a Skimmer Device
- Possession of a Forged Instrument
- Possession of Stolen Property
Before retaining any attorney to represent you for crimes relating to Identity Theft ask him or her what specific training and experience he or she has and how you can use that training and experience to your advantage. You owe it to yourself to retain a criminal defense attorney who is not merely a general practitioner with minimal or no Identity Theft experience who juggles a criminal and civil practice, but Saland Law with Mr. Saland's real hands on experience and training.
Call us at (212) 312-7129 or contact us online today.