While most people have at least a general understanding of what identity theft can mean, the term “aggravated identity theft” has been making the news lately thanks to some high-profile convictions.
What’s the difference between standard identity theft and the aggravated version? If you find yourself on the wrong side of the law, understanding the nuances of these charges can help you better assist in your own defense.
Both are about using someone else’s identity for personal gain
Identity theft can be something as simple as stealing an older sibling’s state ID card so that you can buy alcohol when you’re underage, or a server in a restaurant skimming a few extra dollars off a customer’s credit card by giving themselves a bigger tip. While a serious offense, regular identity theft is still only a Class A misdemeanor. If convicted, you face a maximum penalty of a year in prison and a $1,000 fine (or up to double the value of the defendant’s gain from their actions).
The stakes go up, however, when identity theft has certain other characteristics. Under New York Penal Law § 190.80, identity theft becomes “aggravated” when it is used to commit an additional, felony-level offense or involves goods, property, money or services valued at more than $2,000. For instance, using someone else’s identity to commit mortgage fraud, engage in money laundering or illegally obtain medical services through Medicare or Medicaid.
At that point, identity theft becomes a Class D felony, which can be punished by up to seven years in prison and a $5,000 fine (or up to double the value of the money, goods, services or other gains involved).
If you’re facing charges of aggravated identity theft, it’s extremely important not to try to handle the situation on your own. Experienced legal guidance can help.
