State court and federal court are different worlds
In New York state court, credit card cases are usually charged as larceny or identity theft, sometimes alongside possession of stolen property or of other people's card data. Those charges are graded by the amounts and conduct involved, and a lower-level case with no prior record is handled very differently from a felony involving many victims. Federal prosecutors tend to take cases involving larger schemes, many cards, skimming devices, or organized groups. In federal court the sentencing guidelines lean on the loss amount and the number of victims, and judges then weigh the individual circumstances. Where a case lands is often decided early, and it shapes everything that follows.
Counts that change the calculation
A federal aggravated identity theft count, when it is charged alongside the underlying fraud, carries a mandatory term that must run consecutively to the other sentence. The Supreme Court has limited when that count applies, so whether it fits the facts is often worth testing. Prior convictions, probation status at the time of the offense, and whether the conduct continued after an arrest can also raise exposure in either system. On the other side, early restitution, a limited role, and steady work or family obligations are commonly part of the picture a court considers. None of this produces a fixed number at the start.
What we look at with you
In a first meeting we review the charging documents or, if there are none yet, what the investigator has said. We look at the alleged loss and how it was counted, since card cases often include attempted charges or amounts that were reversed. We discuss whether a resolution without custody is realistic in your situation and what it would require. For anyone who is not a US citizen, immigration consequences come up early, because fraud convictions can have serious effects there regardless of the sentence. Then we talk through the options so that decisions are made with a clear view of the risk.
