Identity Theft Lawyer Erie County, NY

Facing an identity theft charge in Erie County, New York, can be a life-altering event. Identity theft involves using another person’s personal identifying information—such as a Social Security number, driver’s license, or financial account details—without permission, typically to obtain goods, services, or credit. In New York, identity theft offenses are prosecuted under Article 190 of the Penal Law and can be charged as misdemeanors or felonies depending on the value involved and the defendant’s criminal history. A conviction can result in incarceration, substantial fines, probation, and a permanent criminal record that can affect employment, housing, and professional licensing. Law Offices Of SRIS, P.C., founded in 1997, has represented individuals accused of identity theft in Buffalo, Cheektowaga, Amherst, Tonawanda, and throughout Erie County. Mr. Sris, Owner and Founder of the firm, is a former prosecutor who brings firsthand trial experience to each case. He and the firm’s Of Counsel attorneys focus on building a thorough defense, examining the evidence for weaknesses, and working toward a favorable resolution. To schedule a consultation, call (888) 437-7747. Law Offices Of SRIS, P.C. – Advocacy Without Borders.

What Identity Theft Means in Erie County

Under New York Penal Law Article 190, identity theft is defined as knowingly and with intent to defraud using another person’s personal identifying information. The law creates several degrees of the offense, ranging from a class A misdemeanor to a class D felony, based primarily on the value of what was obtained and whether the defendant has prior identity-theft convictions. The Erie County District Attorney’s Office prosecutes these cases, with felonies typically heard in Erie County Supreme Court and misdemeanors in Buffalo City Court or local town and village courts.

Identity theft charges in Erie County can stem from a variety of activities: using a stolen credit card, opening fraudulent bank accounts, filing false tax returns, or even using someone else’s identity to obtain a driver’s license or government benefits. The prosecution must prove beyond a reasonable doubt that the defendant knowingly used another person’s identifying information and intended to defraud. A lack of intent, mistake of fact, or consent can be key defenses. Because these cases often hinge on financial documents, digital records, and witness testimony, a thorough defense requires a careful review of the evidence.

Potential Consequences of an Identity Theft Conviction

If convicted of identity theft in New York, a defendant faces penalties that grow with the severity of the charge. A class A misdemeanor conviction can result in up to 364 days in jail and a fine. A felony conviction may lead to a state prison sentence, with class D felonies carrying a term of up to seven years. Beyond incarceration and fines, a conviction creates a criminal record that can hinder employment opportunities, professional licensing, and housing applications. For non-citizens, identity theft can have serious immigration consequences, including deportation or inadmissibility.

The collateral effects are often as damaging as the direct penalties. A person with a theft-related conviction may find it difficult to obtain credit, secure certain jobs, or maintain security clearances. Because of these long-term risks, many individuals choose to fight the charges rather than accept a plea without fully exploring all defenses. An experienced defense attorney can help evaluate the strength of the prosecution’s case and work to minimize the potential damage. Results may vary.

How Mr. Sris and His Of Counsel Handle Identity Theft Cases

When a client contacts Law Offices Of SRIS, P.C. about an identity theft charge, the process begins with a confidential consultation. Mr. Sris, a former prosecutor, and his Of Counsel team review the facts of the case: what evidence the prosecution has, what law enforcement procedures were followed, and whether any constitutional issues exist, such as an improper search or seizure of evidence. The firm then develops a defense strategy tailored to the specific circumstances. Possible defenses in identity theft cases include lack of intent to defraud, mistaken identity, consent, or insufficient proof that the defendant used the information.

The firm’s attorneys may challenge the admissibility of evidence, file motions to suppress, and negotiate with prosecutors to seek a reduction or dismissal of charges. If the case cannot be resolved through negotiation, Mr. Sris and his Of Counsel are prepared to take the matter to trial and present a well-prepared defense. Their combined experience in criminal defense allows them to challenge the prosecution’s case at every stage. Throughout the process, the firm keeps clients informed and provides candid advice about the likely outcomes and risks. Results may vary. To request a consultation, call (888) 437-7747.

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. He is a former prosecutor with trial experience and is admitted to practice in New York, Virginia, Maryland, the District of Columbia, and New Jersey. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). He maintains a hands-on approach, working directly on identity theft cases and consulting with his Of Counsel attorneys to craft defense strategies.

The firm’s Of Counsel attorneys, engaged through Excella, bring extensive combined legal experience to the team. They assist with case investigation, legal research, and trial preparation. Mr. Sris and his Of Counsel bring extensive combined legal experience. Results may vary. Together, they serve clients in Erie County and throughout Western New York. The firm’s New York location provides a base for serving clients in the Buffalo area and nearby communities.

Frequently Asked Questions

What is identity theft under New York law?

Identity theft under New York law is the unauthorized use of another person’s personal identifying information, such as a Social Security number, with the intent to defraud or obtain goods, services, or credit. The offense is defined in Article 190 of the New York Penal Law and is divided into degrees based on the value obtained and the defendant’s prior record. A charge can be a misdemeanor for lower-value offenses or a felony if the value exceeds certain statutory thresholds. The prosecution must prove that the defendant knowingly used the information and intended to defraud. The specific circumstances of the alleged conduct determine the appropriate charge.

What are the possible penalties for identity theft in Erie County?

Penalties for identity theft in Erie County range from up to a year in jail for a misdemeanor conviction to several years in state prison for a felony conviction, along with fines and probation. The exact sentence depends on the degree of the charge, the defendant’s criminal history, and whether multiple victims were involved. A conviction also creates a criminal record that can impact employment, housing, and professional licenses. Non-citizens may face immigration consequences. A judge may also order restitution to the victim. Because of these serious consequences, many defendants choose to fight the charges with the help of an experienced attorney. Results may vary.

Do I need a lawyer if I am accused of identity theft?

It is strongly recommended to consult with a criminal defense lawyer as soon as you learn of an identity theft accusation, even before charges are formally filed. An attorney can review the circumstances, advise you on your rights, and begin building a defense. Attempting to handle the matter on your own can lead to missteps that may harm your case. A lawyer can communicate with law enforcement on your behalf and work to present your side of the story. Early intervention can sometimes result in a dismissal or reduction of charges. To speak with an attorney, call Law Offices Of SRIS, P.C. at (888) 437-7747.

How does a lawyer defend against identity theft charges?

A defense against identity theft may include challenging the evidence of intent to defraud, demonstrating that the defendant had permission to use the information, or arguing that the defendant did not know the information belonged to another person. In some cases, the defense may focus on procedural issues, such as an unlawful search or seizure that led to the discovery of evidence. An attorney will also examine financial records and witness statements to uncover inconsistencies. Negotiating with the prosecutor for a reduced charge or alternative disposition is also an option. Every case is unique, and the defense strategy depends on the facts.

What should I do if I am arrested for identity theft in Erie County?

If you are arrested for identity theft in Erie County, remain calm, do not discuss the case with anyone other than your attorney, and assert your right to counsel. You have the right to remain silent and to an attorney during questioning. Contact a criminal defense attorney immediately so they can advise you on bond, the arraignment process, and how to protect your rights. An attorney can appear with you at your arraignment in Buffalo City Court or Erie County Supreme Court and begin working on your defense. The earlier you involve an attorney, the more opportunity there is to shape the direction of the case. Call (888) 437-7747 to discuss your situation.

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