Identity Theft Defense Lawyer in Bergen County, NJ
Identity theft is a serious indictable crime in New Jersey, prosecuted under N.J.S.A. 2C:21-17. In Bergen County, these cases are heard in the Superior Court, Criminal Division, and can carry significant prison time. If you are facing identity fraud or stolen identity charges, securing an experienced identity theft lawyer Bergen County is critical. Law Offices Of SRIS, P.C.
Last verified: March 2026 | Superior Court of NJ, Bergen Vicinage | New Jersey Legislature
In New Jersey, identity theft is formally defined under N.J.S.A. 2C:21-17. A person commits this crime if they knowingly, and with purpose to defraud, obtain any personal identifying information of another and use that information to obtain a benefit, services, or avoid payment. The statute covers a wide range of actions, from using someone’s credit card number to assuming another person’s identity to obtain medical care or commit other crimes. The severity of the charge often depends on the value of the benefit obtained or the loss incurred by the victim.
- Arraignment and Initial Appearance in Superior Court, Bergen Vicinage.
- Review of discovery, including financial records, digital evidence, and witness statements.
- Filing of pre-trial motions to challenge the admissibility of evidence.
- Negotiation with the prosecutor for potential plea to a lesser charge or entry into Pre-Trial Intervention (PTI).
- Preparation for trial if a favorable resolution cannot be reached.
- Sentencing or dismissal following trial or plea agreement.
For official statute information, refer to N.J.S.A. 2C:21-17 (official New Jersey Legislature). Court procedures and forms can be found at the Superior Court of NJ, Bergen Vicinage website.
In Bergen County, identity theft is typically charged as a second, third, or fourth-degree crime, with penalties ranging from 18 months to 10 years in state prison and fines up to $150,000, plus mandatory restitution to victims.
| Offense Degree | Classification | Incarceration | Fine | Additional Consequences |
|---|---|---|---|---|
| 2nd Degree | Crime | 5-10 years | Up to $150,000 | Presumption of imprisonment; mandatory restitution |
| 3rd Degree | Crime | 3-5 years | Up to $15,000 | Restitution; permanent criminal record |
| 4th Degree | Crime | Up to 18 months | Up to $10,000 | Restitution; collateral immigration consequences |
Results may vary. Prior results do not guarantee a similar outcome.
Founded in 1997, Law Offices Of SRIS, P.C. brings a deep understanding of both the legal and factual details of identity theft cases. Our defense strategy often involves challenging the prosecution’s proof of intent, the chain of custody for digital evidence, and the actual valuation of loss. We know that a strong defense requires more than just courtroom skill; it demands a thorough investigation into the origins of the charges.
Our firm has a documented record of handling criminal cases. While specific results are unique to each client, our approach is consistent: we analyze every detail. For instance, in past financial crime defenses, we have successfully moved to suppress evidence obtained without proper warrants and negotiated for clients to enter diversionary programs like PTI, avoiding a permanent conviction.
Results may vary. Prior results do not guarantee a similar outcome.
Law Offices Of SRIS, P.C.
New Jersey Location — 44 Apple St, 1st Floor
Tinton Falls, NJ 07724
Toll-Free: (888) 437-7747 | Local: (732) 651-9900
By appointment only.
Our New Jersey location serves clients throughout Bergen County. We represent individuals in Hackensack, Fort Lee, Teaneck, Paramus, and surrounding communities. As an identity theft lawyer Bergen County residents can consult, we are accessible via I-80, the NJ Turnpike, and Route 17. We offer 24/7 phone consultations at (888) 437-7747, with meetings scheduled by appointment.
What should I do if I am accused of identity theft in Bergen County?
Do not speak to investigators without an attorney. Contact a Bergen County identity theft lawyer as early as possible. Anything you say can be used to establish the “knowingly” and “purpose to defraud” elements of the crime. Preserve any potential evidence and let your attorney handle all communications.
Can I go to jail for an identity fraud charge in New Jersey?
Yes. Identity theft is an indictable crime (felony equivalent) in NJ. Penalties depend on the degree of the charge, which is based on the value involved. A second-degree charge carries a presumption of imprisonment for 5-10 years. An experienced identity fraud defense lawyer Bergen County can work to mitigate these severe penalties.
Is identity theft a federal or state crime?
It can be both. Most cases in Bergen County are prosecuted under state law (N.J.S.A. 2C:21-17) by the County Prosecutor. However, if the crime involves interstate commerce, federal agencies like the FBI or Secret Service may investigate, skilled to federal charges under 18 U.S.C. § 1028. A lawyer experienced in both arenas is important.
What defenses are available against a stolen identity charge?
Common defenses include lack of intent to defraud, mistaken identity, consent from the alleged victim, or insufficient evidence linking you to the crime. For example, if someone else had access to your computer or login information, that can create reasonable doubt. A skilled stolen identity charge lawyer Bergen County will investigate all possible defenses.
Does New Jersey have a diversion program for identity theft?
It depends. First-time offenders charged with third or fourth-degree identity theft may be eligible for Pre-Trial Intervention (PTI). Successful completion of PTI results in dismissal of charges. Eligibility is not automatic; a strong application advocating for your admission, prepared by your attorney, is essential.
Facing identity theft charges is daunting. The right identity theft lawyer Bergen County can make the difference between a life-altering conviction and protecting your future. For related legal help, consider our Bergen County criminal defense lawyer services or explore our New Jersey federal criminal defense hub. If you are also dealing with related financial accusations, our Bergen County business lawyer may provide relevant counsel.
Last verified: March 2026. Laws change. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance. Attorney advertising. Prior results do not guarantee a similar outcome.
The same rules apply outside Bergen County, and our page on identity theft charges across New Jersey walks through each stage.
Your case in Bergen County, New Jersey
Federal charges are heard in the U.S. District Court for the District of New Jersey (Newark, Trenton and Camden), not in county court; related state charges are heard in the Criminal Part of the Law Division. In Bergen County that is the Superior Court of NJ, Bergen Vicinage (2nd Vicinage), 10 Main Street, Hackensack, NJ 07601, telephone (201) 527-2700, open Mon-Fri 8:30AM-4:30PM. Court procedures change; confirm the current schedule on the official vicinage website or with the clerk before you file or appear.
The governing law for this topic is Title 18 of the United States Code and the Federal Rules of Criminal Procedure. Law Offices Of SRIS, P.C. handles Bergen County matters from its New Jersey location at 44 Apple St 1st Floor, Tinton Falls, NJ 07724; meetings are by appointment. Request a New Jersey consultation at (888) 437-7747 or (609) 983-0003.
Related New Jersey pages: Bergen County NJ lawyers directory · Identity Theft Lawyer Hudson County, NJ · Identity Theft Lawyer Monmouth County, NJ.