Identity Theft Lawyer Brooklyn, NY
You open your mailbox to find a collection notice for a credit card you never applied for. A few weeks later, detectives from the NYPD appear at your door with a warrant—accusing you of using someone else’s personal information to open fraudulent accounts. Suddenly, you are facing identity theft charges in Brooklyn. At Law Offices Of SRIS, P.C., we understand the fear and confusion that accompany a criminal allegation. Our team, led by former prosecutor Mr. Sris, has extensive experience defending clients in Kings County against charges of identity theft and related financial crimes. Call (888) 437-7747 to request a consultation.
Defense Strategies for Identity Theft Charges in Brooklyn
An identity theft allegation in Brooklyn does not automatically lead to a conviction. Mr. Sris and his Of Counsel team evaluate every case from multiple angles. The prosecution must prove that you knowingly used another person’s identifying information with the intent to defraud or commit another crime. A common defense is to challenge the element of intent—for example, showing that you reasonably believed you had permission to use the information or that you were unaware the information belonged to someone else. Procedural issues also matter. If law enforcement obtained evidence through an unlawful search or seizure, that evidence may be excluded. Our attorneys review the entire investigative record, from the initial complaint to the arrest, looking for constitutional violations. In some cases, we can work toward a resolution that minimizes the impact on your record, such as an Adjournment in Contemplation of Dismissal (ACD) for a first offense. Each defense strategy is tailored to the specific facts of the case and the client’s goals.
What to Expect After an Identity Theft Arrest in Brooklyn
If you are arrested for identity theft in Brooklyn, you will be processed and then brought before a judge for arraignment, typically within 24 hours. Misdemeanor cases begin in the NYC Criminal Court, Kings County, while felony identity theft charges proceed in Kings County Supreme Court, 360 Adams Street, Brooklyn, NY 11201. At the arraignment, the judge will advise you of the charges and set conditions of release. Under New York’s 2020 bail reform, many identity theft defendants are released on their own recognizance, without cash bail, particularly if the offense is non-violent and the accused has minimal criminal history. After arraignment, the case moves through pretrial conferences where your attorney and the prosecutor may discuss possible resolutions. Discovery materials—including financial records, digital evidence, and witness statements—are exchanged. The timeline varies depending on the complexity of the case and the court’s calendar. Throughout the process, having an experienced attorney who understands local practice in Brooklyn can help you make informed decisions.
Penalties for Identity Theft in New York
New York Penal Law classifies identity theft offenses by the value of the property or services obtained and the number of victims. A misdemeanor identity theft conviction generally carries a maximum sentence of up to one year in jail. Felony identity theft—such as identity theft in the first degree, which involves a financial loss exceeding a certain threshold or multiple victims—can result in a state prison sentence. The specific length of a felony sentence is determined by the degree of the offense and the defendant’s prior record. In addition to incarceration, a conviction may bring substantial fines, restitution orders, and long-term consequences for employment, housing, and professional licensing. Because the stakes are high, it is important to understand the allegations against you and the potential outcomes before deciding how to proceed. For a more detailed statutory analysis of New York identity theft laws, visit our comprehensive criminal defense resource on our main site.
Mr. Sris and His Of Counsel: Experienced Criminal Defense in Brooklyn
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., is a former prosecutor who understands how the other side builds an identity theft case. Since founding the firm in 1997, he has concentrated his practice on criminal defense and represents clients in state and federal courts across New York. Mr. Sris works alongside a team of experienced Of Counsel attorneys. Together, they bring extensive combined legal experience to every client matter. The firm’s attorneys appear regularly in Brooklyn’s criminal courts and are familiar with the local procedures, from the NYPD’s Financial Crimes Task Force investigations to the practices of the Kings County District Attorney’s Office. Mr. Sris and his Of Counsel have documented case results across multiple practice areas since the firm’s inception. Results may vary. Our firm serves clients from our New York location and offers consultations by appointment. Mr. Sris is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York.
Frequently Asked Questions About Identity Theft Charges in Brooklyn, NY
What constitutes identity theft under New York law?
Identity theft in New York occurs when a person knowingly and with intent to defraud uses another individual’s personal identifying information—such as a name, Social Security number, or credit card number—without authorization. The offense can involve opening accounts, obtaining goods or services, or committing other unlawful acts in the victim’s name. New York Penal Law divides identity theft into degrees based on the value of the benefit obtained and the number of victims. For guidance on your specific situation, reach Law Offices Of SRIS, P.C. at (888) 437-7747.
Can identity theft charges be dropped if the alleged victim does not want to pursue the case?
In New York, the decision to proceed with criminal charges rests with the prosecutor, not the complaining witness. Even if the person whose information was used asks that the case be dismissed, the District Attorney’s Office may still pursue prosecution if it believes the evidence supports a conviction. An experienced criminal defense attorney can communicate with the prosecutor and, in some instances, present mitigating circumstances that may influence the direction of the case. To discuss the details of your matter, contact Law Offices Of SRIS, P.C. at (888) 437-7747.
What is an Adjournment in Contemplation of Dismissal (ACD), and can it resolve an identity theft case?
An ACD is a disposition that adjourns a case for a set period—typically six to twelve months—after which the charges are automatically dismissed if the defendant has no new arrests. ACD is available for many first-offense identity theft cases in Kings County. If granted, the defendant does not plead guilty; instead, the case is put on hold and later sealed. Our attorneys can assess whether you may be eligible for this resolution. For a consultation, reach Mr. Sris and his Of Counsel at (888) 437-7747.
Do I need a lawyer if I am only under investigation for identity theft?
Yes. Early engagement of counsel can materially affect the outcome of a criminal investigation. If detectives contact you or you receive a target letter, you should speak with an attorney before making any statements. What you say—even if you believe you are clearing your name—can be used against you. An attorney can interact with law enforcement on your behalf and work to protect your rights. To speak with a member of our team, call (888) 437-7747.
How does a defense lawyer challenge identity theft evidence?
Challenges to identity theft evidence often focus on whether law enforcement obtained the evidence lawfully and whether the prosecution can prove each element of the offense beyond a reasonable doubt. Common areas of challenge include the validity of search warrants, the chain of custody of financial records, the reliability of digital evidence, and whether the defendant knew the information belonged to another person. Every case is unique, and the appropriate strategy depends on a thorough review of the facts. Contact us at (888) 437-7747 to request a consultation.
What should I bring to my first consultation with an identity theft lawyer?
Bring any documents you have received from law enforcement or the court, including the complaint, appearance ticket, or bail receipt. If you have gathered relevant records—such as bank statements, correspondence with creditors, or evidence that you had permission to use the information—bring those as well. Any documentation that helps your attorney understand the timeline and the nature of the allegations is useful. If you do not have all of these materials, do not delay reaching out; we can help you collect what is needed. Reach our New York location at (888) 437-7747 to schedule an appointment.
Contact Law Offices Of SRIS, P.C. Today
If you are facing identity theft charges or are under investigation in Brooklyn, the criminal defense team at Law Offices Of SRIS, P.C. is prepared to help. Reach our New York location at (888) 437-7747 to request a consultation. We serve clients in Brooklyn, Manhattan, Queens, and throughout the five boroughs and Long Island. Our consultations are by appointment, and phones are answered 24 hours a day, 365 days a year.
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Results may vary.