NY Wire – Mail – Identity Fraud Charges Attorney
Being charged with fraud can be stressful and being convicted of any type of fraud will likely alter every aspect of your life – forever. It is in your best interest to hire an experienced criminal defense lawyer as quickly as possible to protect your rights, explain the implications of the charges you face, and represent you throughout the legal process.
What is Mail Fraud?
Mail Fraud: Involves any use of mail to defraud, or scheme to defraud to obtain property or money.
What is Wire Fraud?
Wire Fraud: Involves fraud, or a plan or scheme to defraud, or obtain money or property by means of false or fraudulent pretense, representation, or promise, transmission, or cause for transmission by means of wire, radio or television communication in interstate or foreign commerce, including writing, signs, signals, pictures, and/or sounds for the purpose of executing a fraudulent scheme for financial gain.
Mail and Wire Fraud are typically Federal Charges.
Federal Law 18 U.S.C. 1343 Sentencing
The U.S. Government stipulates that one convicted of mail or wire fraud can be fined up to $1,000,000, imprisoned for up to 30 years, or some combination of prison and fines.
Mail or Wire Fraud may be accompanied by computer, cybercrime or Internet-related charges or misdemeanor and/or felony charges which would be prosecuted by NY State.
What is Identity Theft?
Identity Theft: Involves knowingly assuming the identity of someone else by acting like them or using their personal information of theirs to commit fraud. It is similar to other fraud charges under New York criminal law.
There are a variety of situations that can lead to identity theft charges. Identity theft can involve a misuse of identification to defraud, or steal money or property. It is also considered identity theft if an individual fraudulently represents themselves to get a job for which they are not legally qualified for, as in various immigration situations or other legal restrictions. There may be other reasons or motivations for one to “steal” the identity of another that may be prosecutable by law.
Sentencing for Identity Theft in New York
Sentencing for identity theft can vary significantly, depending upon the circumstances of the case. An experienced attorney will be able to walk you through the charges and understand the implications of your case. The following offers guidelines for sentencing in NY State.
Identity Theft Sentencing Guidelines in NY State
First Degree Identity Theft
NY Penal Code 190.80
The most serious of identity theft convictions is a Class D Felony with a potential sentence of up to 7 years in New York State prison. 1st Degree Identity Theft is charged when the fraud resulted in $2,000, committed in conjunction with an additional felony (Class D Felony or higher) at the same time, or when the defendant has had a previous identity theft conviction within the past 5 years.
Second Degree Identity Theft
NY Penal Code 190.79
Conviction of 2nd Degree Identity Theft, Class E Felony with a potential sentence of up to 4 years in New York State prison, charged when loss to the alleged victim was more than $500, was committed in conjunction with an additional felony (Class E or higher) at the same time, or when the defendant has had a previous identity theft conviction within the past 5 years.
Third Degree Identity Theft
NY Penal Code 190.78
Conviction of 3rd degree identity theft is the least serious of the identity theft offenses with a potential sentence of up to one year in jail. Third Degree Identity Theft may be charged with the acts of fraud that do not meet the requirements of 1st or 2nd Degree Identity Theft.
Criminal Defense Attorney for Identity, Mail or Wire Fraud Charges
Identity Theft charges, when accompanied by Wire or Mail Fraud, can be tried in both NY State and Federal Courts – essentially creating the need for criminal defense legal representation in both judicial systems.
Federal cases can be extremely complex. A criminal defense attorney with experience in defending Federal criminal charges is highly advisable. There is a much at stake, and Federal prosecutors often have far more resources available to them to build their case. Your defense team must be up to the task and ready to fight for you.
Legal Guidance is Just a Call Away
The criminal defense lawyers of E. Stewart Jones Hacker Murphy have been defending clients against criminal charges since 1898. We are proud to offer affordable, award-winning legal representation. Put our experience on your side.
Call us today a free phone consultation or schedule a confidential in-person meeting with our attorneys at one of our convenient offices in Albany, Schenectady, Troy, or Saratoga Springs, NY. We will answer all of your questions and provide a no-obligation quote on the spot.
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