Criminal Defense Lawyers

NYC Identity Theft Lawyer

NYC Identity Theft Lawyer

Are you facing identity theft charges in New York City? Don’t panic – we’re here to help. At Spodek Law Group, our experienced NYC identity theft lawyers have successfully defended countless clients against identity theft allegations. We know how scary and overwhelming these charges can be. But with our aggressive defense strategies and in-depth knowledge of identity theft laws, we can protect your rights and fight for the best possible outcome in your case.

What is Identity Theft?

Identity theft occurs when someone uses another person’s personal information without their permission, typically for financial gain. This can include:

• Using someone else’s credit card or bank account information
• Opening new accounts or taking out loans in someone else’s name
• Filing false tax returns to collect refunds
• Using someone’s health insurance information to obtain medical care
• Providing false identification to law enforcement

In New York, identity theft is taken very seriously. Even relatively minor cases can result in felony charges carrying years in prison. That’s why it’s CRITICAL to have a skilled identity theft defense lawyer on your side from day one.

Types of Identity Theft Charges in New York

New York law recognizes several distinct identity theft offenses:

Identity Theft in the Third Degree (NY PL 190.78)

This is the least severe identity theft charge, but still a Class A misdemeanor punishable by up to 1 year in jail. It involves:

• Knowingly and with intent to defraud, presenting yourself as another person
• Using that person’s personal identifying information
• To obtain goods, money, property or services OR to commit another crime

Identity Theft in the Second Degree (NY PL 190.79)

This Class E felony charge carries up to 4 years in prison. It applies when:

• The value of the stolen property exceeds $500
• You have a prior conviction for identity theft or related crimes
• You assume the identity of 10 or more people

Identity Theft in the First Degree (NY PL 190.80)

The most serious identity theft charge, this Class D felony is punishable by up to 7 years in prison. It involves:

Christine Twomey

2024-03-21

Just had my Divorce case settled 2 months ago after having a horrible experience with another firm. I couldn’t be happier with Claire Banks and Elizabeth Garvey with their outstanding professionalism in doing so with Spodek Law Group. Any time I needed questions answered they were always prompt in doing so with all my uncertainties after 30 yrs of marriage.I feel from the bottom of my heart you will NOT be disappointed with either one. Thanks a million.

Brendan huisman

2024-03-18

Alex Zhik contacted me almost immediately when I reached out to Spodek for a consultation and was able to effectively communicate the path forward/consequences of my legal issue. I immediately agreed to hire Alex for his services and did not regret my choice. He was able to cover my case in court (with 1 day notice) and not only was he able to push my case down, he carefully negotiated a dismissal of the charge altogether. I highly recommend Spodek, and more specifically, Alex Zhik for all of your legal issues. Thanks guys!

Guerline Menard

2024-03-18

Thanks again Spodek law firm, particularly Esq Claire Banks who stood right there with us up to the finish line. Attached photos taken right outside of the court building and the smile on our faces represented victory, a breath of fresh air and satisfaction. We are very happy that this is over and we can move on with our lives. Thanks Spodek law 🙏🏼🙏🏼🙏🏼🙏🏼🙌🏼❤️

Keisha Parris

2024-03-15

Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.

Taïko Beauty

2024-03-15

I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence. Thank you team!

Anthony Williams

2024-03-12

Hey, how you guys doing? Good afternoon my name is Anthony Williams I just want to give a great shout out to the team of. Spodek law group. It is such a honor to use them and to use their assistance through this whole case from start to finish. They did everything that they said they was gonna do and if it ever comes down to it, if I ever have to use them again, hands-down they will be the first law office at the top of my list, thank you guys so much. It was a pleasure having you guys by my side so if you guys ever need them, do not hesitate to pick up the phone and give them a call.

Loveth Okpedo

2024-03-12

Very professional, very transparent, over all a great experience

Bee L

2024-02-28

Amazing experience with Spodek! Very professional lawyers who take your case seriously. They treated me with respect, were always available, and answered any and all questions. They were able to help me very successfully and removed a huge stress. Highly recommend.

divesh patel

2024-02-24

I can't recommend Alex Zhik and Spodek Law Firm highly enough for their exceptional legal representation and personal mentorship. From the moment I engaged their services in October 2022, Alex took the time to understand my case thoroughly and provided guidance every step of the way. Alex's dedication to my case went above and beyond my expectations. His expertise, attention to detail, and commitment to achieving the best possible outcome were evident throughout the entire process. He took the time to mentor me, ensuring I understood the legal complexities involved to make informed decisions. Alex is the kind of guy you would want to have a beer with and has made a meaningful impact on me. I also want to acknowledge Todd Spodek, the leader of the firm, who played a crucial role in my case. His leadership and support bolstered the efforts of Alex, and his involvement highlighted the firm's commitment to excellence. Thanks to Alex Zhik and Todd Spodek, I achieved the outcome I desired, and I am incredibly grateful for their professionalism, expertise, and genuine care. If you're in need of legal representation, look no further than this outstanding team.

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Google rating score: 4.9 of 5, based on 736 reviews

• Stealing $2,000 or more through identity theft
• Assuming the identity of 1,000+ people
• Using identity theft to commit a Class D felony or higher

Unlawful Possession of Personal Identification Information (NY PL 190.81 – 190.84)

These charges relate to possessing or trafficking in stolen personal information, even if you haven’t used it yet. Penalties range from a Class A misdemeanor to a Class D felony.As you can see, identity theft charges are no joke. A conviction can DESTROY your future – impacting your ability to get jobs, housing, loans, and more. That’s why you need an experienced NYC identity theft lawyer fighting in your corner.

How We Defend Against Identity Theft Charges

At Spodek Law Group, we take an aggressive, proactive approach to identity theft defense. Some of our key strategies include:

Challenging the Evidence

Identity theft cases often hinge on digital evidence like IP addresses, login records, and financial transactions. We carefully scrutinize all evidence for weaknesses or inconsistencies. In many cases, we can get key evidence thrown out due to improper collection or chain of custody issues.

Lack of Intent

To convict you of identity theft, prosecutors must prove you knowingly and intentionally used someone else’s information without permission. We may be able to show you were unaware the information was stolen or thought you had authorization to use it.

Mistaken Identity

With the prevalence of data breaches and online fraud, it’s not uncommon for innocent people to be wrongly accused of identity theft. We can often demonstrate that the real culprit was someone else entirely.

Constitutional Violations

If police violated your 4th Amendment rights through an illegal search or seizure, we can file a motion to suppress the evidence. This can sometimes get the entire case dismissed.

Plea Bargaining

In cases with strong evidence against our client, we negotiate aggressively with prosecutors to reduce charges and minimize penalties. We’ve helped many clients avoid felony convictions and jail time through skillful plea bargaining.

Alternative Sentencing

For first-time offenders, we may be able to secure alternative sentences like probation, community service, or restitution instead of jail time. This allows you to make amends while keeping your record clean.The key is to get an experienced identity theft lawyer involved as early as possible. The sooner we can start building your defense, the better your chances of a positive outcome.

Why Choose Spodek Law Group?

When your future is on the line, you can’t afford to take chances with an inexperienced lawyer. At Spodek Law Group, we have a proven track record of success in identity theft cases. Here’s why we’re the right choice:

• Decades of Experience: Our attorneys have been defending against identity theft charges for over 50 years combined. We know every nuance of the law.
• Former Prosecutors: Many of our lawyers are former prosecutors who know how the other side thinks. We use those insights to stay one step ahead.
• Aggressive Advocates: We fight relentlessly for our clients, leaving no stones unturned in building the strongest possible defense.
• 24/7 Availability: Legal troubles don’t wait for business hours. We’re available around the clock to address your concerns.
• Personalized Attention: You’re not just a case number to us. We take the time to understand your unique situation and tailor our approach accordingly.
• Proven Results: We’ve helped countless clients beat identity theft charges or secure greatly reduced sentences. Check out our case results to see for yourself.

Don’t gamble with your future. CONTACT Spodek Law Group today for a free consultation on your identity theft case. We’ll review the charges, explain your options, and start crafting a powerful defense strategy right away.

Real-World Identity Theft Case Examples

To give you a better idea of how we handle identity theft cases, here are a few anonymized examples from our case files:

Case Study 1: Charges Dismissed Due to Lack of Evidence

Our client John D. was charged with identity theft in the second degree after his roommate’s credit card was used to make $5,000 in unauthorized purchases. The prosecution’s case relied heavily on the fact that the purchases were made from an IP address associated with their shared apartment.Through careful investigation, we were able to show that multiple people had access to the WiFi network, including frequent guests. We also demonstrated that our client was at work during several of the fraudulent transactions. Due to the lack of direct evidence tying our client to the crime, all charges were ultimately dismissed.

Case Study 2: Felony Charges Reduced to Misdemeanor

Sarah M. was facing felony identity theft charges for allegedly using her ex-boyfriend’s personal information to open several credit card accounts. If convicted, she was looking at up to 4 years in prison.Through negotiations with the prosecutor, we were able to show that Sarah’s ex had actually given her permission to use his information in the past. While this didn’t completely excuse her actions, it did cast doubt on the felony-level charges. We ultimately secured a plea deal reducing the charges to a misdemeanor with no jail time.

Case Study 3: Alternative Sentencing for First-Time Offender

College student Michael R. was caught using stolen credit card numbers to make online purchases. As a first-time offender with no criminal history, we believed he deserved a second chance.We worked out a deal with the prosecutor allowing Michael to enter a diversion program. By completing 200 hours of community service and paying full restitution to the victims, he was able to avoid a criminal conviction entirely. This allowed him to move forward with his education and career plans without a permanent criminal record.These cases illustrate the importance of having a skilled identity theft lawyer in your corner. With the right legal strategy, even seemingly hopeless cases can often be resolved favorably.

Frequently Asked Questions About NYC Identity Theft Cases

Here are some of the most common questions we hear from clients facing identity theft charges:

Q: I didn’t actually steal anyone’s information – I just used data I found online. Can I still be charged with identity theft?A: Yes, absolutely. Using someone’s personal information without permission is still identity theft, even if you didn’t personally steal it. The law doesn’t distinguish between stealing the information yourself and knowingly using stolen information obtained by others.

Q: The police want to question me about an identity theft investigation. Should I talk to them?A: NO! Politely decline to answer questions and tell them you want to speak to a lawyer first. Anything you say can be used against you, even if you’re innocent. Let an experienced identity theft attorney handle all communication with law enforcement.

Q: I’m being investigated for identity theft but haven’t been charged yet. When should I hire a lawyer?A: The earlier the better! Getting a lawyer involved during the investigation stage can often prevent charges from being filed in the first place. We may be able to clear up misunderstandings or negotiate with prosecutors before things escalate.

Q: What’s the difference between identity theft and identity fraud?A: Identity theft specifically involves using someone’s personal identifying information without permission. Identity fraud is a broader term that can include using fake or forged documents, even if they don’t belong to a real person. Both are serious crimes in New York.

Q: Can identity theft charges be expunged from my record?A: It depends on the specific circumstances. Some misdemeanor convictions may be eligible for expungement after a waiting period. Felony convictions generally cannot be expunged in New York, but may be eligible for sealing in some cases. An experienced attorney can advise you on your options.

Q: What if I didn’t know the information I used was stolen?A: Lack of knowledge can be a valid defense in some cases. However, prosecutors will try to show that you should have known or had reason to suspect the information was not legitimately obtained. This is why it’s crucial to have a skilled lawyer evaluate all the evidence in your case.

The Consequences of an Identity Theft Conviction

Many people underestimate just how seriously identity theft is treated under New York law. A conviction can have far-reaching consequences that impact nearly every aspect of your life:

• Jail Time: Even misdemeanor identity theft can result in up to a year in jail. Felony convictions carry multi-year prison sentences.
• Fines: Steep fines are common in identity theft cases, often reaching tens of thousands of dollars.
• Restitution: You may be ordered to repay victims for any financial losses they suffered.
• Probation: Even if you avoid jail, you’ll likely face years of supervised probation with strict conditions.
• Criminal Record: A permanent criminal record can make it extremely difficult to find employment, housing, or loans.
• Professional Licenses: Many professional licenses can be suspended or revoked following an identity theft conviction.
• Immigration Consequences: Non-citizens may face deportation or be deemed inadmissible to the U.S. after an identity theft conviction.
• Civil Lawsuits: Victims of identity theft may sue you in civil court for damages, separate from any criminal penalties.

The stakes are simply too high to face identity theft charges without an experienced NYC criminal defense lawyer by your side. At Spodek Law Group, we understand what you’re up against and we know how to fight back.