Identity theft — obtaining and using another person’s identifying information without their consent for financial gain — is prosecuted as a felony under both New York Penal Law (PL Article 190-B) and federal statutes (18 U.S.C. §1028). The severity of the charge depends on the extent of the financial harm caused: damages exceeding $500 trigger third-degree identity theft (a Class E felony), over $2,000 elevates the charge to second degree (Class D felony), and over $500,000 constitutes first-degree identity theft (a Class B felony).

Identity theft cases increasingly arise in digital environments — phishing operations, data breaches, and unauthorized account access — and prosecutorial authorities treat them seriously. Defense in these cases requires a careful examination of the digital evidence trail, the attribution of specific conduct to the defendant, and whether there is any innocent explanation for access to the information at issue.

At Nonaj Law, we work to challenge the digital evidence trail and expose gaps in the government’s attribution theory before they become a conviction.