Identity Theft Lawyer New York County, NY
Being charged with identity theft in New York County can lead to serious criminal consequences, including felony convictions and state prison time. The New York County District Attorney’s Office prosecutes these offenses actively, often relying on electronic records, financial documents, and cooperating witnesses. Law Offices Of SRIS, P.C. represents individuals facing identity‑theft allegations in the courts of New York County (Manhattan). Mr. Sris and the firm’s Of Counsel attorneys bring extensive experience to these cases and work toward favorable resolutions. Whether you are under investigation or have already been arrested, our firm can advise you on your options and build a thorough defense. To request a consultation, contact Law Offices Of SRIS, P.C. at (888) 437‑7747. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
What Identity Theft Means in New York County
Under New York law, identity theft is defined in Article 190 of the Penal Law. Depending on the number of victims and the amount of financial loss, the charge may be graded as a misdemeanor or as a felony. A person accused of using someone else’s personal identifying information—such as a Social Security number, driver’s license, bank account details, or online credentials—without authorization may face charges ranging from Identity Theft in the Third Degree (a class A misdemeanor) to Identity Theft in the First Degree (a class B felony). The specific statute and maximum punishment depend on the value of the property obtained or the number of acts committed.
In New York County (Manhattan), misdemeanor identity‑theft cases are heard in the New York City Criminal Court, while felony cases are prosecuted in the New York County Supreme Court, Criminal Term. Both courts sit at 60 Centre Street, New York, NY 10007. The Manhattan District Attorney’s Office has specialized bureaus that handle cyber‑crime and financial fraud, and investigations often involve subpoenas to banks, internet service providers, and social‑media platforms.
New York’s 2020 bail‑reform legislation eliminated cash bail for most non‑violent felonies and all misdemeanors. Many identity‑theft defendants are released on their own recognizance or with supervised release conditions. In addition, the Adjournment in Contemplation of Dismissal (ACD) is a powerful procedural tool that may be available to first‑time offenders. If the court grants an ACD, the case is adjourned for six to twelve months; if the defendant commits no new offense during that time, the charge is dismissed and the record can be sealed. The decision to offer an ACD is within the prosecutor’s discretion, and an experienced attorney can present the factors that support it.
The penalties for an identity‑theft conviction range from a maximum of one year in jail for a class A misdemeanor, to a term of imprisonment of five to twenty‑five years for a class B felony, in addition to fines and restitution. A felony conviction also creates a permanent criminal record that can affect employment, professional licensing, and immigration status. Because the stakes are high, early legal intervention is critical.
How Mr. Sris and His Of Counsel Handle Identity Theft Cases in New York County
Mr. Sris and the firm’s Of Counsel attorneys begin by examining the evidence the prosecution intends to use. In identity‑theft matters, this often means reviewing bank records, IP‑address logs, search‑warrant applications, and any statements the accused may have made. The defense may challenge the admissibility of records obtained without a proper warrant, or argue that there is no proof the defendant knowingly used another person’s identification. When the government’s case relies on cooperating witnesses or co‑defendants, an attorney can test their credibility through cross‑examination.
In many instances, early negotiation with the Assistant District Attorney can lead to a charge reduction or diversion. For a defendant with no prior record, the firm will explore whether an ACD or other pre‑trial disposition is appropriate. If a plea offer is not in the client’s best interest, Mr. Sris and the Of Counsel attorneys are prepared to take the case to trial. They know the judges and courtrooms at 60 Centre Street and understand how to present a defense tailored to the specific factual circumstances.
Because identity‑theft cases frequently involve co‑located state and federal investigations—such as those by the United States Attorney’s Office for the Southern District of New York—the firm’s multi‑jurisdiction experience is particularly valuable. Mr. Sris is admitted to practice in New York and can coordinate a defense that addresses parallel state and federal exposure. Throughout the case, the firm works to protect the client’s rights, minimize disruption to their personal life, and pursue the trusted achievable result. Results may vary.
About Mr. Sris and His Of Counsel Team
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has practiced law since 1997. A former prosecutor, he brings a distinct perspective to criminal defense, having handled cases from the government’s side of the courtroom. Mr. Sris is admitted in New York, Virginia, Maryland, the District of Columbia, and New Jersey, and he represents clients in criminal matters throughout the New York metropolitan area. He testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). Mr. Sris and his Of Counsel attorneys bring extensive combined legal experience. Results may vary.
The firm’s Of Counsel attorneys are independent practitioners who work directly with Law Offices Of SRIS, P.C. on criminal defense cases. They contribute their individual knowledge and appear on behalf of the firm in New York County courts. Every client is represented under the supervision and strategy direction of Mr. Sris. Our New York location serves clients in New York County (Manhattan) and the surrounding boroughs. For a consultation, reach the firm at (888) 437‑7747.
Frequently Asked Questions
What are the penalties for identity theft in New York County?
A person convicted of identity theft in New York County faces penalties that range from jail time to state prison, depending on the degree of the offense. Identity Theft in the Third Degree is a class A misdemeanor, carrying up to one year in jail. Second Degree Identity Theft is a class E felony, punishable by up to four years in prison. First Degree Identity Theft is a class B felony, with a maximum sentence of twenty‑five years. The court may also impose fines, restitution to victims, and terms of post‑release supervision. A felony conviction creates a permanent criminal record. Reach Law Offices Of SRIS, P.C. at (888) 437‑7747 to discuss the specific charges you face.
Can I get an Adjournment in Contemplation of Dismissal (ACD) for an identity theft charge in New York County?
Yes, a first‑offense identity theft charge may be resolved through an Adjournment in Contemplation of Dismissal (ACD) if the District Attorney’s Office and the court agree. Under an ACD, the case is adjourned for six to twelve months without a guilty plea. If the defendant stays out of trouble and commits no new offenses, the charge is dismissed and the record is sealed. An experienced lawyer can present the mitigating factors—such as the defendant’s lack of a criminal record, cooperation with the investigation, and willingness to make restitution—that support granting an ACD. For guidance on your specific situation, reach Law Offices Of SRIS, P.C. at (888) 437‑7747.
Can I get my criminal record sealed after an identity theft case in New York County?
Yes, New York law permits sealing of identity‑theft convictions under certain circumstances, and charges that result in an ACD are sealed automatically. Under CPL § 160.59, a person with up to two eligible convictions may apply to the court for conditional sealing after ten years have passed since the date of conviction or release from custody. The court evaluates the request and may seal the record, meaning it will not appear on most background checks. Cases that end in an acquittal, a dismissal, or an ACD are sealed automatically without the need for a motion. To discuss whether your record is eligible for sealing, contact Law Offices Of SRIS, P.C. at (888) 437‑7747.
What should I do if I have been arrested for identity theft in New York County?
If you have been arrested for identity theft, remain silent, do not speak about the case with anyone except your lawyer, and contact an experienced criminal defense attorney as soon as possible. After an arrest in New York County, you will be taken to Central Booking and eventually appear before a judge for arraignment. At that appearance, the court will decide whether to release you on your own recognizance or set bail, if bail is available. Having legal representation at the earliest stage can help secure your release and begin building a defense. For immediate assistance, contact Law Offices Of SRIS, P.C. at (888) 437‑7747.
How does the prosecution prove identity theft in New York County?
The prosecution must prove beyond a reasonable doubt that the defendant knowingly used another person’s personal identifying information without that person’s authorization, and that the defendant intended to obtain a benefit or to defraud another. In New York County, prosecutors typically present documentary evidence such as bank statements, wire‑transfer receipts, email records, and electronic device data. They may also call the victim and any witnesses who can testify about the unauthorized use. An attorney can challenge the chain of custody of electronic evidence, argue that the defendant did not know the information belonged to another person, or raise a defense of consent or mistaken identity.
For more information on New York criminal procedure, visit the New York State Unified Court System. The New York Penal Law is available on the New York State Senate website.
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