Identity Theft / Debit and Credit Card Theft
With the widespread use electronic forms of payment, there has been a rising rate of identity theft crimes. Many of these crimes are due to the theft of another person's social security number, bank account number, debit or credit card information. Under New York law, stealing this information and using it to obtain goods, credit, or services can range between a class A misdemeanor and a class D felony, depending on the circumstances. A person who is charged with identity theft in Queens can also face potentially severe consequences if convicted.
Queens Identity Theft Defense Attorney
There are many defense options that can be used if you have been accused of stealing the credit card, social security number, bank information, or other identifying details of another person. Rochelle S. Berliner, a Queens white collar crime attorney with more than 20 years of experience in criminal justice, will use these defenses to your advantage and confidently defends your future from an identity theft conviction.
She represents men, women, and youth who have been charged with identity theft, credit card skimming or fraud, charge-back schemes, and related offenses. With her experience as a former prosecutor, she analyzes weaknesses in the prosecution and uses these details to your benefit.
To learn more about your defense options after being charged with identity theft in Queens, The Bronx, Brooklyn, or any other community, contact the Law Office of Rochelle S. Berliner. Your initial consultation is free and will provide you with important information about the charges you face, as well as lay the foundation for a strong identity theft defense strategy. Call 718-261-5600 to learn more about how Rochelle S. Berliner can help you avoid an unfortunate outcome.
Identity Theft in the Third Degree
Under N.Y. Penal Law § 190.78, a person can be found guilty of identity theft in the third degree if he or she takes the identity of another person and presents himself as the other person, both knowingly and with intent. He or she can also be found guilty of this offense if he or she uses the other person's identifying information to:
- obtain goods, money, property, services, or otherwise uses credit to cause financial loss to the other person or persons; or
- commit a class A misdemeanor or higher offense.
This offense can be punished with up to one year in prison and / or fines not to exceed $1,000.
Identity Theft in the Second Degree in New York
It is a class E felony in New York, under N.Y. § 190.79, for a person to knowingly, with intent to defraud, assume the identity of another person by presenting him or herself as the other person. This includes acting as the other person or using the person's personal information to:
- obtain goods, money, services, property, or use credit in the person's name, totaling more than $500; or
- cause more than $500 in financial loss to the person or persons; or
- commit a felony crime, attempt to commit a felony crime, or act as an accessory to a felony crime; or
- commits identity theft in the third degree and, in the last five years, has previously been convicted of:
- identity theft in the third, second, or first degree; or
- unlawful possession of personal identification in the third, second, or first degree;
- unlawful possession of a skimmer device in the third or second degree; or
- grand larceny in the fourth, second, or first degree.
This offense is punishable by up to four years in prison and fines not to exceed $5,000.
Identity Theft in the First Degree in Queens, NY
Under N.Y. Statue § 190.80, a person has committed identity theft in the first degree if he or she takes the identity of another person by presenting him or herself as the other person, knowingly and with intent to defraud. This may also be done by using the person's personal identifying information to:
- obtain over $2,000 in goods, money, property, services, or credit of the person; or
- cause over $2,000 in financial loss to the person; or
- commit or attempt to commit a class D felony or higher level crime or act as an accessory in such crimes; or
- commit identity theft in the second degree and in the past five years of this offense has been convicted of:
- identity theft in the second or first degree; or
- unlawful possession of personal information in the third, second, or first degree; or
- unlawful possession of a skimmer device in the second or first degree; or
- grand larceny in the third, second, or first degree.
This is a class D felony and can be punished with up to seven years in prison and / or fines up to $5,000.
Aggravated Identity Theft in Queens, NY
It is a Class D felony offense for a person to commit aggravated identity theft, under N.Y. Penal Law § 190.80-a. A person can be found guilty of this offense if he or she, knowingly and with intent, takes on the identity of somebody else and presents him or herself as this other person, or by using this other person's identifying information, knowing that this other person is a member of the armed forces and deployed outside of the U.S. and:
- obtains over $5,000 worth of goods, money, property, services, or credit in the other person's name; or
- causes over $5,000 in financial loss to the other person.
This offense can be punished with up to $5,000 in fines and / or up to seven years in prison.
Law Office of Rochelle S. Berliner | Identity Fraud Defense Lawyer in Queens, NY
If you are under investigation for or have been charged with alleged identity fraud in New York City, you should not delay in seeking legal counsel. The Law Office of Rochelle S. Berliner represents clients accused of white collar crimes in Queens, The Bronx, Brooklyn, or surrounding areas.
Queens criminal defense attorney Rochelle Berliner is a former prosecutor who provides aggressive legal defense. Call 718-261-5600 or send an online message to have her review your case during a free consultation.
Rochelle Berliner grew up in Queens, NY. She started New York Law School in January 1989 and graduated in June 1991. Immediately after law school, she started working at the New York County District Attorney’s Office, where she stayed for approximately 14 years...
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