Long Island criminal defense attorney Jason Bassett (https://jbassettlaw.com/aggravated-identity-theft-in-new-york/), of the Law Offices of Jason Bassett, P.C., provides insight into the complex matter of aggravated identity theft under New York and federal law. Bassett's article clarifies the intricate legal framework surrounding aggravated identity theft, a heightened offense that has garnered attention due to its severe penalties and the increasing sophistication of identity-related crimes.
Aggravated identity theft, as Bassett explains, involves an individual not only using another’s personal information without consent but also committing further offenses that amplify harm to the victim. This offense, which can be prosecuted at both the state and federal levels, brings severe consequences to those convicted. Under New York law, aggravated identity theft is a Class D felony, punishable by a prison sentence of up to seven years, depending on factors such as prior criminal history and the offense's severity. Federal law similarly imposes harsh penalties, with mandatory consecutive prison terms for those convicted. The Long Island criminal defense attorney notes, "Aggravated identity theft is not simply about accessing someone’s personal data; it often involves using that information in a broader scheme that carries significant penalties."
In the article by Long Island criminal defense attorney Jason Bassett, New York Penal Law § 190.80-A outlines specific conditions that elevate identity theft to an aggravated status, such as the impersonation of a deployed military service member. The law holds that impersonation under these conditions — particularly if it results in over $500 in damages to the impersonated individual — constitutes aggravated identity theft. This law emphasizes the protections afforded to those serving in the armed forces, helping ensure that individuals who exploit such vulnerabilities face heightened charges.
Federal legislation, namely 18 USC 1028A, addresses aggravated identity theft with specific and rigid guidelines. According to this statute, a mandatory two-year sentence must be served consecutively to any other sentences imposed, underscoring the severity with which the federal system treats identity-related offenses. Bassett explains that federal courts are restricted from allowing these sentences to run concurrently, meaning those convicted must serve additional time in prison.
The article discusses potential defenses that may be available to individuals facing such charges. A critical component in defending aggravated identity theft charges often lies in proving the accused did not have the knowledge or intent to misuse another’s identity. Defense attorneys may also argue that the victim gave consent for the use of personal information, that mistaken identity played a role, or that misconduct during police investigation compromised the integrity of the case.
Aggravated identity theft carries other significant repercussions beyond incarceration. The law provides for substantial financial penalties that may include fines up to $5,000, or even a doubling of profits gained from the illegal use of someone’s identity. “Identity theft can destroy lives. The law rightly imposes substantial penalties to discourage and punish this behavior," Bassett notes. These financial penalties underscore the New York and federal commitment to not only punishing offenders but also deterring future violations.
As Bassett emphasizes, the complexity of aggravated identity theft cases can be overwhelming, particularly given the various defenses available, each of which requires an in-depth understanding of both state and federal law. For those accused, a strong legal defense is vital, as consequences of a conviction can be life-altering, leading to long-term incarceration, substantial fines, and a significant loss of reputation.
For individuals facing aggravated identity theft charges, consulting a qualified criminal defense attorney can provide essential guidance. Jason Bassett is dedicated to offering experienced representation, helping clients understand their rights and explore their legal options. Bassett encourages those involved in such cases to seek legal assistance promptly, recognizing that the stakes are exceptionally high and legal strategy can be complex.
A focused defense can involve challenging the prosecution's ability to prove intent, negotiating alternative sentences, and addressing any procedural missteps during arrest or investigation. Bassett’s article highlights that the right legal guidance can potentially impact the outcome of these cases, underscoring the importance of legal advocacy in the criminal justice system.
About Law Offices of Jason Bassett, P.C.:
The Law Offices of Jason Bassett, P.C., are well-versed in criminal defense, serving Long Island and surrounding areas. Led by experienced attorney Jason Bassett, the firm can provide strategic legal solutions, working to protect clients’ rights through dedicated legal advocacy and a commitment to justice.
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