NYC Identity Theft Lawyers

Identity theft is considered a serious crime that can have severe consequences on your life. If you are accused of identity theft, you should contact an experienced New York criminal defense lawyer immediately. At Cohen Forman Barone P.C, our NYC identity theft attorneys are committed to protecting the rights and interests of our clients.

Call Cohen Forman Barone P.C today at (212) 577-9314 or contact us online to schedule a consultation with our identity theft attorneys in NYC.

What is Identity Theft?

Identity theft often involves the unauthorized use of another person's personal information for fraudulent purposes. This information can include names, social security numbers, financial data, and more. In New York, identity theft is considered a crime under Penal Law Article 190, and it encompasses a range of activities, such as using another person's credit card, opening fraudulent accounts, or even assuming someone else's identity to commit illegal acts.

What are the Penalties for Identity Theft in New York?

The penalties for identity theft in New York can be harsh and may depend on the severity of the offense. In general, the penalties include imprisonment and fines, but they can differ widely based on the specific circumstances of the case. Some of the key factors that may affect the penalties for identity theft in New York include:

• The Value of the Stolen Property or Services: In New York, identity theft penalties can be influenced by the value of the property, goods, or services stolen through the fraudulent use of personal information. The greater the value, the more severe the penalties.
• The Number of Victims: The number of victims involved in the identity theft case can impact the penalties. Multiple victims can result in more substantial charges and harsher consequences.
• Criminal History: Your prior criminal record, if any, can influence the penalties. A history of identity theft or related offenses can lead to more severe consequences.

Penalties for identity theft in New York can range from fines and probation to imprisonment. A conviction may also lead to restitution, where you may be required to reimburse the victim for their losses.

Defenses Against Identity Theft Charges

Some common defenses against identity theft charges may include:

• Mistaken Identity: It's possible that you were mistakenly identified as the offender. We can investigate the evidence against you to ensure it was not a case of mistaken identity.
• Lack of Intent: In some cases, you may not have intended to commit identity theft, which is a crucial element of the crime. We can work to establish that you did not have the necessary intent to be convicted.
• Consent: If you had the victim's consent to use their information, we can argue that the use of their personal data was legal.
• Procedural Errors: We can review all procedures followed by law enforcement during your arrest and the gathering of evidence to identify any procedural errors that could be used to your advantage.
• Insufficient Evidence: If insufficient evidence proves your guilt beyond a reasonable doubt, we can challenge the prosecution's case.

Can Identity Theft Charges Be Dismissed in a Criminal Case?

In some cases, identity theft charges can be dismissed if the prosecution fails to meet the legal requirements or provide sufficient evidence to prove the defendant's guilt. A skilled criminal defense attorney will thoroughly analyze the facts of the case and work to uncover weaknesses in the prosecution's arguments. If there is a lack of solid evidence linking the defendant to the crime, the charges could be dropped.

One common reason for dismissal is when there is no clear proof that the accused knowingly or intentionally committed identity theft. In these cases, the defense may argue that the defendant was unaware their identity had been misused or that the alleged actions were accidental. Additionally, if there is reasonable doubt about whether the defendant was responsible for the fraudulent activity, the case may be dismissed.

Another possible scenario is when there are procedural errors or violations of the defendant’s rights during the investigation or arrest process. If the defense can show that the police did not follow proper legal procedures, such as failing to obtain a warrant or conducting an illegal search, this could lead to a dismissal of the charges.

Ultimately, dismissing identity theft charges depends on the specific facts of the case, the strength of the defense, and how effectively the lawyer challenges the evidence. With the right legal strategy, it is possible to have identity theft charges reduced or even dismissed entirely.