Identity Theft Lawyer Rochester NY — What Are Your Defense Options?
Identity theft in Rochester, NY, is prosecuted as a serious felony under New York Penal Law § 190.78-190.86, with penalties escalating based on the value stolen. A conviction can result in years in prison and a permanent criminal record. The Law Offices Of SRIS, P.C. provides a strong defense for those accused, focusing on the specific details of your case to challenge the prosecution’s evidence.
New York Identity Theft Laws and Penalties
Identity theft in New York is not a single crime but a series of offenses defined in Article 190 of the Penal Law. The specific charge and its severity depend on the method used and the value of the property or services obtained. For example, Identity Theft in the Third Degree (Penal Law § 190.78) is a Class A misdemeanor, while Identity Theft in the First Degree (Penal Law § 190.80) is a Class D felony. The statutes criminalize knowingly using another person’s personal identifying information to obtain goods, services, or money, or to commit another crime.
Last verified: April 2026 | Rochester City Court | New York State Legislature
The firm’s founder, a former prosecutor, understands that these cases often involve complex digital evidence and require an attorney who can dissect financial records and electronic data trails.
Official Legal Resources
For the full text of the law, review New York Penal Law § 190.78 (official New York State Senate site). For local court procedures, visit the New York State Unified Court System website for the 7th Judicial District.
Defending an Identity Theft Case in Rochester
Prosecutors in Monroe County aggressively pursue identity theft cases, often relying on digital footprints and financial records. A common challenge is proving the defendant had the requisite intent to defraud and knowingly used the information. The defense strategy must be precise.
- Immediate Case Review: Do not discuss the case. Contact an identity theft attorney Rochester NY immediately to protect your rights.
- Evidence Analysis: Your attorney will subpoena and review all digital evidence, financial records, and witness statements for inconsistencies.
- Motion Practice: File pre-trial motions to suppress evidence obtained improperly or to challenge the sufficiency of the prosecution’s case.
- Negotiation or Trial: Based on the evidence, your lawyer will either negotiate for a reduction or dismissal of charges or prepare a vigorous defense for trial.
Potential Penalties for Identity Theft in New York
In Rochester, identity theft charges range from a misdemeanor to a felony, with penalties including jail time, probation, and significant fines.
| Offense (NY Penal Law) | Classification | Incarceration | Fine | Additional Consequences |
|---|---|---|---|---|
| Identity Theft 3rd Degree (§ 190.78) | Class A Misdemeanor | Up to 1 year jail | Up to $1,000 | Restitution, criminal record |
| Identity Theft 2nd Degree (§ 190.79) | Class E Felony | Up to 4 years prison | Up to $5,000 | Restitution, felony record |
| Identity Theft 1st Degree (§ 190.80) | Class D Felony | Up to 7 years prison | Up to $5,000 | Restitution, severe felony record |
Results may vary. Prior results do not aim for a similar outcome.
Why Choose Our Firm for Your Defense
Founded in 1997, the Law Offices Of SRIS, P.C. brings over 120 years of combined legal experience to every case. Our approach is built on a deep understanding of both prosecution tactics and defense strategy. We handle the intricate details of identity theft cases, from forensic accounting to digital evidence analysis, to build the most effective defense possible.
Case Results and Client Advocacy
The Law Offices Of SRIS, P.C. has a documented record of advocating for clients across multiple states. Our firm-wide focus is on achieving the best possible outcome, whether through negotiation or trial. We understand that an identity theft charge can impact your future, and we work to protect your rights and your record.
Results may vary. Prior results do not aim for a similar outcome.
Local Identity Theft Defense in Rochester
Law Offices Of SRIS, P.C.
50 Fountain Plaza, Suite 1400, Office No. 142
Buffalo, NY 14202
Toll-Free: (888) 437-7747 | Local: (838)-292-0003
By appointment only.
Our team is accessible to clients in Rochester and throughout Monroe County. We offer 24/7 phone consultations at (888) 437-7747, with meetings scheduled by appointment. If you need an identity theft law firm Rochester NY, contact us to discuss your situation.
Frequently Asked Questions
What should I do if I’m arrested for identity theft in Rochester?
Remain silent and ask for a lawyer immediately. Do not answer questions or try to explain yourself to police. Contact an identity theft attorney Rochester NY as soon as possible to start building your defense.
Can identity theft charges be reduced?
It depends. The possibility of reduction hinges on the evidence, your history, and the specific facts. An experienced lawyer can negotiate with prosecutors, potentially arguing for a lesser charge like unauthorized use of a computer if the evidence supports it.
What is the difference between identity theft and credit card fraud?
Identity theft is the broader crime of using someone’s personal data. Credit card fraud is one specific type of identity theft. In New York, identity theft statutes cover a wide range of activities beyond just credit card use.
How long does an identity theft case take?
The timeline varies widely. A simple misdemeanor might be resolved in months, while a complex felony case can take a year or more, especially if it involves extensive digital evidence and goes to trial.
Do I need a local Rochester lawyer for my case?
Yes. A local identity theft attorney Rochester NY will know the Monroe County court procedures, the local prosecutors, and the judges, which is crucial for handling your case effectively.
Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.
Attorney advertising. Prior results do not aim for a similar outcome.