Fraud / Bad Checks / Identity Theft
Criminal offenses like fraud, bad checks, and identity theft are often committed during times of financial hardship. While deciding to consciously violate the law is never a good idea, this is little consolation after the fact. Now you are facing criminal charges and some pretty serious consequences for your actions. Whether you admit your wrongdoing or if you maintain you are innocent of the charges, we may be able to help you minimize the impact these charges have on your life.
These charges are related to larceny offenses, and are often referred to as “white collar crimes”. They are most often committed by regular people who see a chance to get ahead and underestimate the risk involved. By the time they realize they made a mistake, it’s often too late and they are facing prison time and untold damage to their reputation and personal life.Charged with a crime in New York? Please call (888) 435-4744.
A fraud or worthless check charge is not the end of the world. You do have options and discussing your case with an experienced criminal defense lawyer is a good first step in the right direction.
New York Credit Card Fraud Laws
There are many fraud laws in New York. Credit card fraud is one of the more frequently seen criminal charges. This offense could be applicable if you lie about your income or financial situation in an effort to get credit. Something as simple as adding a zero to your income on a credit card application could be enough to warrant this serious charge.
Credit card fraud is usually considered an A misdemeanor charge and carries up to 1 year in jail. There are exceptions to this, however, and you could be looking at prison time depending on the facts of your case.
Ref: NY State Law §190.55
NY Bad/Worthless Checks Laws/Penalties
Writing a “bad” or worthless check is when you used a check knowing that it wouldn’t be honored by the bank. As a bank account owner, it’s your responsibility to track the balance of your account. Your knowledge of the potential rejection by the bank can be inferred by your account history and transactions before the check was issued.
In most cases, a worthless check charge is a B Misdemeanor charge and carries up to 90 days in jail. In addition to jail time and fines, the alleged victim can also take you to civil court seeking compensation up to 3 times the value of the original check.
Ref: NY State Law §190.05
Identity Theft Laws
Identity theft is an offense that involves using the name or other identifying information of another person to seek financial gain. This could be a situation where you used someone’s social security number to gain credit or posed as someone else, using their credit card to make purchases.
The charge you face for this offense depends on the financial damage to the alleged victim. Obviously, the greater the cost, the more serious the charge will be. You can face up to Class D felony charges for an identity theft case. A D felony can carry up to 7 years in prison.
Ref: NY State Law §190.78-80
When you are charged with a criminal offense like this, you need someone on your side. Contact us today to discuss the case against you and how we might be able to help.