Identity Theft Lawyer in Albany County, NY — What Are Your Defense Options?
Identity theft in Albany County is prosecuted under New York Penal Law § 190.78-190.86, with charges ranging from a Class A misdemeanor to a Class D felony. As an identity theft lawyer Albany NY, Law Offices Of SRIS, P.C. defends clients in Albany County Criminal Court and Supreme Court.
New York Identity Theft Laws and Penalties
Identity theft in New York is defined by a series of statutes, primarily New York Penal Law Article 190. The specific charge depends on the value of the property or services obtained and the method used. 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.
Last verified: April 2026 | Albany County Supreme Court | New York State Legislature
Founded in 1997 by former prosecutor Mr. Sris, our firm brings a deep understanding of both sides of the courtroom to every identity theft case.
Official Legal Resources
For the official text of New York’s identity theft laws, refer to the New York Penal Law (official NY Senate site). For local court procedures and forms, visit the Albany County Supreme Court website.
Local Court Process for Identity Theft Charges in Albany
Albany County handles identity theft cases based on severity. Misdemeanor charges are processed in Albany County Criminal Court, while felonies go to the Albany County Supreme Court Criminal Term. New York’s 2020 bail reform means many defendants in non-violent felony cases, including some identity theft charges, may be released without cash bail. An experienced identity theft attorney Albany NY can handle these local procedures.
- Arraignment: You will be formally charged and enter a plea in the appropriate court (Criminal or Supreme).
- Discovery & Investigation: Your attorney will obtain all evidence from the prosecution and conduct an independent investigation.
- Pre-Trial Motions: Your lawyer may file motions to suppress evidence or dismiss charges based on legal defects.
- Plea Negotiations: Your attorney will negotiate with the District Attorney’s office for a potential reduction or favorable plea.
- Trial or Disposition: If no plea agreement is reached, your case will proceed to a bench or jury trial.
- Sentencing or Sealing: If convicted, your lawyer will advocate for minimal penalties. For eligible convictions, they may later petition for record sealing under CPL § 160.59.
Potential Penalties for Identity Theft in New York
In Albany County, identity theft charges can result in penalties from up to one year in jail for a misdemeanor to several years in state prison for a felony, along with significant fines and restitution.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Identity Theft 3rd Degree (PEN § 190.78) | Class A Misdemeanor | Up to 1 year | Up to $1,000 | None | Restitution, criminal record |
| Identity Theft 2nd Degree (PEN § 190.79) | Class E Felony | 1.5 – 4 years | Up to $5,000 | None | Restitution, felony record |
| Identity Theft 1st Degree (PEN § 190.80) | Class D Felony | 2 – 7 years | Up to $5,000 | None | Restitution, felony record, potential federal attention |
Results may vary. Prior results do not aim for a similar outcome.
Why Choose Our Firm for Your Identity Theft Defense
Law Offices Of SRIS, P.C. was founded in 1997 and brings over 120 years of combined legal experience to each case. Our identity theft law firm Albany NY is led by former prosecutors who understand how the state builds its cases. We focus on a detailed review of the evidence, challenging the prosecution’s claim that you knowingly used another person’s identifying information without consent.
Case Results and Client Advocacy
While specific local results for identity theft in Albany County are not separately tallied, our firm-wide record demonstrates our commitment to vigorous defense. Law Offices Of SRIS, P.C. has achieved over 4,739 documented case results with a favorable outcome rate exceeding 93%.
Results may vary. Prior results do not aim for a similar outcome.
Contact Our Albany County Identity Theft Defense Team
Our New York location serves clients in Albany County. We are accessible via I-87, I-90, I-787, Route 9, and Route 7, near landmarks like the NY State Capitol and Empire State Plaza. As an identity theft lawyer near Albany, we provide 24/7 phone consultations.
Law Offices Of SRIS, P.C.
New York Location
50 Fountain Plaza, Suite 1400, Office No. 142
Buffalo, NY 14202
Toll-Free: (888) 437-7747 | Local: (838)-292-0003
By appointment only.
We serve Albany, Colonie, Guilderland, Bethlehem, Delmar, Cohoes, Watervliet, Ravena, and New Scotland. For a confidential discussion about your identity theft charges, call us anytime.
Frequently Asked Questions: Identity Theft Defense in Albany, NY
What should I do if I am arrested for identity theft in Albany?
Remain silent and ask for a lawyer immediately. Do not discuss the case with anyone until you have consulted with an identity theft attorney Albany NY. Contact our firm at (888) 437-7747 for 24/7 assistance.
Can identity theft charges be reduced in Albany County?
It depends. An experienced identity theft lawyer Albany NY can often negotiate to reduce felony charges to a misdemeanor or a lesser offense, especially for first-time offenders or when the evidence has weaknesses. Outcomes depend on the specific facts and your attorney’s skill.
What are the common defenses to identity theft charges?
Common defenses include lack of intent, mistaken identity, consent from the alleged victim, insufficient evidence linking you to the crime, and unlawful search and seizure. A skilled identity theft law firm Albany NY will investigate all possible angles.
How long does an identity theft case take in Albany?
Timelines vary. A misdemeanor case in Albany County Criminal Court may take 30-90 days to resolve, while a felony in Supreme Court can take 6-18 months or longer, depending on case complexity, evidence, and court scheduling.
Will I go to jail for a first-time identity theft offense?
Not necessarily. For a first-time Class A misdemeanor, alternatives like an Adjournment in Contemplation of Dismissal (ACD) or probation are possible. For felonies, the risk of incarceration is higher, but a strong defense can seek a non-jail resolution.
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Page last verified: 2026-04. Laws change. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current legal guidance.