Identity Theft Defense Attorney in New York

Criminal lawyers at Joseph Potashnik and Associates defend clients investigated and prosecuted in New York State and federal courts for unauthorized access or use of personal identifying information.

Types of Identity-Related Offenses

This offense can take various forms, from using fake documents to sophisticated schemes involving high technologies, and includes frauds involving social security numbers, computer tampering, bank accounts, mail, credit cards, and other identifying data. It can be prosecuted under a variety of federal statutes, regarding identity fraud, mail and wire fraud, etc. Besides that, NYS has its own laws related to this offense. All pieces of this legislation carry harsh penalties, some offenses potentially resulting in up to 30 years in prison. One should also mind that each specific offense carries a separate sentence, for example, ID theft and unauthorized use of a computer are two separate offenses that will be prosecuted in tandem but represent separate charges and thus separate penalties.

Our identity theft lawyers have defended New York clients in a large number of related prosecutions, including persons accused of bank fraud, ATM skimming, mortgage fraud, fraudulent tax return preparation, unauthorized use of a computer, etc.

ATM Skimming

Using fake or altered ATMs for obtaining someone’s personal data is a credit card fraud that is known as ATM skimming. This is a broad term that can include crimes from simply attaching a pinhole camera to capture users entering their pin number to an extremely complex alteration of the original banking software.

Most often, such crimes are detected through monitoring of the transactions of credit card fraud targets and analyzing patterns. But the authorities are no strangers to utilizing sophisticated algorithms in order to catch any fraudulent activity. If a criminal pattern is detected, an ATM will be investigated for either tampering of suspicious activity.

If you are facing criminal prosecution for tampering with an ATM or other forms of ATM skimming, you will need a competent criminal defense lawyer to work on your defense. Your lawyer will help to defend you against the prosecution’s claims.

Identity Theft vs. Unlawful Possession of ID

A person may be prosecuted for identity theft if they willfully assumed or used someone else’s identity or other personal data. Meanwhile, the use of someone else’s financial services account, e-signature or other personal data is another offense – Unlawful Possession of Personal Identification.

The key difference between these offenses is that the charges for the latter are elevated by the number of items of alleged misappropriated personal ID and prior criminal record within the last five years.

Hire Our Identity Theft Defense Lawyers in New York

If you have been charged with one of the above mentioned crimes, you should be aware that these charges can have severe consequences for you. It is in your best interest to retain an experienced identity theft lawyer in NYC, who will work to obtain the best possible disposition in your case.

Call our experienced identity theft defense attorneys in New York to schedule an immediate consultation.