Identity Theft Defense Attorneys in New York & New Jersey

Accused of Identity Theft? Protect Your Rights and Reputation.

Identity theft occurs when someone unlawfully uses another person’s personal or financial information for fraudulent purposes. This may involve credit cards, bank accounts, Social Security numbers, tax records, or online accounts. Both New York and New Jersey prosecute identity theft aggressively, and a conviction can lead to prison time, significant fines, restitution orders, and a permanent criminal record that impacts employment and future opportunities.

Common Examples of Identity Theft

  • Using someone else’s credit card or bank account without authorization
  • Opening loans, credit lines, or utility accounts in another person’s name
  • Stealing or misusing Social Security numbers or tax records
  • Phishing schemes and online fraud
  • Using false identification to obtain benefits, housing, or employment
  • Healthcare or insurance fraud using another person’s identity

Identity Theft Laws in New York

New York Penal Law Article 190 governs identity theft offenses, which are classified by degree:

  • Identity Theft in the Third Degree (Class A Misdemeanor): Up to 1 year in jail.
  • Identity Theft in the Second Degree (Class E Felony): Up to 4 years in prison.
  • Identity Theft in the First Degree (Class D Felony): Up to 7 years in prison.

Penalties increase when identity theft is committed in conjunction with other crimes such as larceny, forgery, or computer fraud.

Identity Theft Laws in New Jersey

In New Jersey, identity theft is criminalized under N.J.S.A. §2C:21-17. The severity of the offense depends on the value of the benefit obtained, the number of victims, and whether the defendant has prior convictions:

  • Third-Degree Crime: 3–5 years in prison, fines up to $15,000.
  • Second-Degree Crime: 5–10 years in prison, fines up to $150,000.
  • First-Degree Crime: 10–20 years in prison for large-scale schemes involving multiple victims or losses exceeding $75,000.

Collateral Consequences of a Conviction

  • A permanent record for crimes of dishonesty
  • Barriers to employment, especially in finance, government, or licensed professions
  • Loss of professional licenses or security clearances
  • Immigration consequences for non-citizens
  • Exposure to civil lawsuits by victims seeking restitution

Defense Strategies

Defense approaches to identity theft may include:

  • Lack of intent to commit fraud
  • Mistaken identity or false accusations
  • Insufficient or unlawfully obtained evidence
  • Demonstrating that the use of information was authorized
  • Challenging digital or forensic evidence

Why Legal Representation Matters

Identity theft cases are complex, often involving electronic records, financial audits, and multi-agency investigations. Prosecutors view these cases as high-priority, given the financial harm to victims and the potential for large-scale fraud. An experienced identity theft defense attorney in New York or New Jersey can challenge the prosecution’s evidence, protect your rights, and work toward reducing or dismissing charges.