On January 21, 2016 Manhattan District Attorney Cyrus R. Vance, Jr. confirmed the indictment of Chester Taylor, Daniel Persaud, and nine other defendants for making over $700,000 worth of fraudulent bank withdrawals. Because they allegedly impersonated legitimate account holders to access the money, they were (in addition to other offenses) charged with Identity Theft in the First, Second, and Third Degrees.

Identity theft has been increasing in frequency, thanks to the standardization of electronic access to funds and payment methods. The majority of these crimes involve debit or credit card fraud and stolen Social Security and bank account numbers. Under New York law, identity theft can be a felony or misdemeanor, depending on the circumstances.

If you intentionally assume another person’s identity to obtain money, property, or services, you can be found guilty of Identity Theft in the Third Degree, which is a class A misdemeanor punishable by up to one year in prison, a $1,000 fine or both.

Should you use those details to access money, services, property, or use credit worth more than $500, or cause $500 worth of financial loss to that person, the charge is elevated to Identity Theft in the Second Degree, a class E felony that can send you to prison for up to four years and result in a $5,000 fine. You can also face charges for this crime if you commit Identity Theft in the Third Degree and already have an identity theft conviction on your record.

Identity Theft in the First Degree is a more severe charge, being a class D felony. It applies if you intentionally assume another person’s identity and cause them over $2,000 worth of financial loss or use their details to access over $2,000 worth of money, credit, property, or services. You can also be charged with this offense if you have a prior conviction for Identity Theft in the Second Degree on your record. A conviction for Identity Theft in the First Degree is punishable by up to seven years in prison and a $5,000 fine.

You can be charged with Aggravated Identity Theft, a class D felony, if you knowingly assume the identity of any armed forces personnel deployed outside the country and cause them over $500 in financial loss or use their details to obtain over $500 worth of money, credit, property, or services. The same penalty for Identity Theft in the First Degree applies.

If you have been charged with an identity theft crime in New York, then contact a criminal defense attorney immediately. There are a number of valid defense options available, and an experienced attorney will use them to your advantage, giving you the best possible chance of putting the charge behind you and moving on to a better future. Julie Rendelman is an experienced lawyer who has worked both as a prosecutor and criminal defense attorney for more than 20 years. Ms. Rendelman offers free consultations. Call 212-951-1232 to speak with Ms. Rendelman if you feel you are the subject of a criminal investigation or if you have already been charged with a crime or crimes. Visit www.RendelmanLaw.com to learn more about the types of cases Ms. Rendelman handles.