Arrested for identity theft and accused of being an identity thief? Identity theft occurs when a person uses another person’s personal information without their permission, to commit fraud or other crimes. Identity theft can involve using a person’s name, social security number or credit card.
How Does It Work?
Once the identity is taken it is used in one of several ways.
- Phone or utilities fraud
- Bank or finance fraud
- Credit card fraud
- Intercept fraud
- Government documents fraud
- Application fraud
- Unauthorized credit card fraud
- Counterfeit credit card fraud
So What Is Bank or Finance Fraud?
- bank accounts are opened in your name and bad checks are written.
- counterfeit checks are created using a person’s name or account number.
- loan are made in the name of the person whose identity was stolen.
- fake debit or ATM card is made and electronic withdrawals are made, draining money from an account.
Felony and misdemeanor classes may vary by jurisdiction and state. Find general information in New York below.
1. Third degree identity theft is class A misdemeanor (penal code 190.78)
2. Second degree identity theft is a class E felony (penal code 190.79)
3. First degree identity theft is a class D felony (penal code 190.80)
4. Third degree unlawful possession of personal identifying information is a class A misdemeanor (penal code 190.81)
5. Second degree unlawful possession of personal identifying information is a class E felony (penal code 190.82)
6. First degree unlawful possession of personal identifying information is a class D felony (penal code 190.83)
(note: federal sentencing for credit card fraud classified as a Class C felony first offense and Class B felony for repeat offenses).
Identity Theft Penalties
We recommend consulting with a criminal defense lawyer to understand penalties, but here is some general information regarding punishment.
Most people charged and convicted of identity theft or credit card fraud will be placed on probation for their first offense. You can discuss the details of your case with a to see what factors are considered when prosecuting first time credit card fraud offenses.
It is not likely you will have to do jail time, but this will depend on whether or not you have been charged with a felony or misdemeanor and the crimes involved violence in any way. For the most part, credit card fraud does not usually involve violence. A good credit card fraud lawyer will negotiate a plea agreement that will place you on probation. Even if you are convicted at trial, a good lawyer will try and make sure you are put on probation, especially if you do not have a any prior criminal record.
Credit Card Fraud Lawyer Info
If you haven’t already, pay restitution to the person or credit card company or be ready to do it on the day you go to court. The courts positively view people who
- accept responsibility
- show remorse
- make restitution to any victim
Discuss this with your lawyer, who may recommend these things to better your chances of a very light sentence.
