Identity Theft Lawyer Livingston County, NY
An identity theft charge in Livingston County, New York can carry severe consequences, including incarceration, a permanent criminal record, and long-term damage to your reputation and employment prospects. Law Offices Of SRIS, P.C. represents individuals facing identity theft allegations in the courts of Livingston County. Mr. Sris, a former prosecutor, founded the firm in 1997 and leads a team of experienced Of Counsel attorneys who handle criminal defense matters throughout New York. The firm’s approach is to thoroughly investigate the charges, challenge the prosecution’s evidence, and pursue the most favorable resolution possible—whether through negotiation or trial. Because every case is unique, early engagement with an experienced attorney is important. Call (888) 437-7747 to request a consultation. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
What Identity Theft Means in Livingston County
Identity theft in New York is governed by Penal Law §§ 190.78 through 190.80. The offense generally involves assuming another person’s identity and using identifying information—such as a name, Social Security number, or financial account details—to obtain goods, services, or credit, or to commit another crime. The classification of the charge depends on the nature of the conduct and the resulting harm. Third-degree identity theft is a Class A misdemeanor; second-degree identity theft is a Class E felony; and first-degree identity theft is a Class B felony.
In Livingston County, a misdemeanor identity theft case is heard in a local criminal court, while a felony charge proceeds in the County Court or the Supreme Court Criminal Term. Law Offices Of SRIS, P.C. Appears in these courts on behalf of clients. The Livingston County Supreme Court is located at 2 Court Street in Geneseo, the county seat. Mr. Sris and his Of Counsel are familiar with the procedures and personnel of the Seventh Judicial District, which includes Livingston County. New York’s bail reform has eliminated cash bail for many non-violent offenses, meaning a defendant often will be released on recognizance while the case is pending. The prosecution must prove every element of the offense beyond a reasonable doubt, and the defense has the opportunity to challenge the evidence at every stage.
How Mr. Sris and His Of Counsel Handle Identity Theft Cases
When you engage Law Offices Of SRIS, P.C., Mr. Sris and his Of Counsel begin by conducting a detailed review of the charging documents and the evidence the prosecution intends to introduce. They examine whether law enforcement obtained the identifying information legally, whether the defendant had the requisite intent, and whether any procedural or constitutional violations occurred. This evaluation often reveals weaknesses in the government’s case, such as unreliable eyewitness identifications or insufficient proof of the accused’s knowledge or participation.
From there, the team works to negotiate with the district attorney’s office. Where appropriate, they may seek a reduction of the charge, a dismissal, or an alternative disposition such as an Adjournment in Contemplation of Dismissal (ACD). If a resolution cannot be reached, the attorneys prepare thoroughly for trial, challenging the prosecution’s evidence and presenting a defense tailored to the specific facts. Throughout the process, Mr. Sris and his Of Counsel keep the client informed of all developments and are available to answer questions. Their goal is to protect the client’s rights and pursue the most favorable outcome achievable under the circumstances.
About Mr. Sris and His Of Counsel Team
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has practiced criminal law since 1997. He is admitted to practice in New York, Virginia, Maryland, the District of Columbia, and New Jersey. Mr. Sris’s background as a former prosecutor gives him insight into how the district attorney’s office builds identity theft cases, and he uses that knowledge to anticipate the prosecution’s strategy and develop a strong defense. He has testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova).
The firm’s Of Counsel attorneys work collaboratively with Mr. Sris on each matter. Together, they bring experience in handling identity theft and other criminal charges in New York courts. The Of Counsel team assists with legal research, motion practice, and trial preparation, ensuring that every case benefits from multiple experienced hands. Law Offices Of SRIS, P.C. operates from its New York location and serves clients in Livingston County by appointment. Contact our firm at (888) 437-7747 to schedule a consultation.
Frequently Asked Questions
What is identity theft under New York law?
Identity theft in New York is the use of another person’s identifying information to obtain goods, services, or credit, or to commit another crime. The offense is defined in Penal Law §§ 190.78 through 190.80. The specific degree of the charge—misdemeanor or one of two felony levels—is based on factors such as the value of what was obtained and the number of victims. In Livingston County, these cases are handled in local criminal courts or the County Court, depending on the severity. A conviction can result in jail time, fines, and a permanent criminal record that can affect employment and housing opportunities.
Is identity theft a felony in New York?
Identity theft can be charged as a misdemeanor or a felony, depending on the circumstances. Third-degree identity theft is a Class A misdemeanor. Second-degree identity theft is a Class E felony, and first-degree identity theft is a Class B felony. The distinction often turns on the financial loss to the victim or the presence of certain aggravating factors. Even a misdemeanor conviction can carry significant collateral consequences, including harm to one’s ability to pass background checks. An experienced criminal defense lawyer can evaluate the specific charges and explain the potential penalties.
How can a criminal defense lawyer help with an identity theft charge in Livingston County?
A lawyer can challenge the prosecution’s evidence, negotiate with the district attorney, and guide you through the court process. The attorney will review whether the police properly obtained evidence, whether the defendant had the required intent, and whether any constitutional rights were violated. In Livingston County, the case may involve plea discussions, pretrial motions, and potentially a trial. An experienced defense attorney works to secure favorable outcomes, such as a dismissal, a reduced charge, or an alternative disposition that avoids a criminal record. Early involvement is critical.
What should I do if I am charged with identity theft in Livingston County?
If you are charged with identity theft, contact a criminal defense lawyer immediately and do not discuss the case with anyone else until you have legal advice. Preserve any documents or records that may be relevant to your defense. Law Offices Of SRIS, P.C. offers consultations by appointment at (888) 437-7747. An attorney can help you understand the charges, protect your rights, and begin building a defense strategy from the earliest stage.
What is an ACD in Livingston County, New York?
An Adjournment in Contemplation of Dismissal (ACD) is a disposition that, if granted, results in the dismissal and sealing of the charges after a period of good behavior. ACD is available for many first-offense cases in New York criminal courts, including Livingston County. If the court agrees, the case is adjourned for a period—usually 6 to 12 months—and the defendant is released. As long as the defendant is not arrested again during that time, the charges are automatically dismissed. ACD can be an attractive resolution in identity theft matters, but eligibility is determined by the specific facts and the prosecutor’s position.
What is the court process for an identity theft case in Livingston County?
The process begins with an arraignment, where the defendant is informed of the charges and enters a plea, and then proceeds through discovery, motion practice, and, if necessary, trial. Misdemeanors are handled in a local criminal court; felonies are handled in the County Court or Supreme Court Criminal Term. Discovery is governed by New York’s Criminal Procedure Law, and the court sets a schedule for hearings and a trial. New York’s bail reform has eliminated cash bail for most identity theft charges, so defendants are typically released on recognizance. The entire timeline varies based on the complexity of the case and the court’s calendar.
For guidance on your specific situation, contact Law Offices Of SRIS, P.C. at (888) 437-7747.
Outbound primary-source authority strip: New York Penal Law | New York State Unified Court System | Livingston County Courts
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