What shapes the exposure
In New York, identity theft is graded by degree, depending mainly on the amount involved and certain aggravating circumstances. Separate offenses cover possessing other people's personal identifying information, and identity theft counts are usually filed alongside larceny, forgery, or possession of stolen property. Federal identity theft cases are sentenced under the federal guidelines, where the loss amount, the number of victims, and the methods used tend to drive the range. An aggravated identity theft count adds a mandatory prison term that must run consecutively to the underlying sentence, which often makes it the most important count in plea discussions. The Supreme Court has limited that count to cases where the use of another person's identity is central to the underlying offense.
Consequences beyond the sentence
Restitution to victims is ordered in many cases and can follow a person for a long time. Forfeiture of money and property tied to the offense is common in federal cases. For non-citizens, identity theft and related fraud convictions can carry serious immigration consequences, including possible removal, so the immigration effect of any plea should be reviewed before it is accepted. Professional licenses, jobs in finance or health care, and housing applications can all be affected by a fraud-related record. For many people these consequences matter as much as the sentence itself.
What we look at first
Early on we read the charging papers to see which counts are filed, in which court, and what loss figure the prosecution is relying on, because that number often shapes the outcome more than any other fact. We look at criminal history, immigration status, and any professional license, and identify information that could reduce the exposure, such as evidence of a smaller role or a lower loss. We then explain the likely next court dates and when plea discussions usually begin. No one can give a reliable sentencing estimate before the evidence has been reviewed, and we will not pretend otherwise.
