Aggravated Identity Theft lawyer Near Me
Aggravated identity theft is a federal felony that carries a mandatory consecutive prison sentence. Under 18 U.S.C. § 1028A, a person convicted of identity theft committed during and in relation to another federal felony faces a minimum two-year term that must run consecutively to any sentence for the underlying crime. Federal prosecutors pursue these charges actively, drawing on the investigative resources of agencies such as the FBI, U.S. Secret Service, and Postal Inspection Service. The federal sentencing guidelines apply, and there is no parole from a federal sentence. For anyone with an active federal investigation or an indictment, engaging counsel before procedural deadlines pass can materially affect the course of the case. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
Law Offices Of SRIS, P.C. represents individuals facing aggravated identity theft allegations in federal courts across Virginia, Maryland, the District of Columbia, New Jersey, and New York. Mr. Sris, the firm’s Owner and Founder, is a former prosecutor who has practiced federal criminal defense since founding the firm in 1997. He and the firm’s Of Counsel attorneys appear in U.S. District Courts throughout these jurisdictions, working to protect the rights of clients at every stage—from grand jury investigation through trial, if necessary. To discuss your matter, contact the firm at (888) 437-7747.
Understanding Aggravated Identity Theft Charges
Aggravated identity theft is defined by 18 U.S.C. § 1028A. The statute makes it a separate offense to knowingly transfer, possess, or use, without lawful authority, a means of identification of another person during and in relation to certain predicate felony offenses. Those predicate offenses include a wide range of federal crimes—mail fraud, wire fraud, bank fraud, false statements, immigration violations, and many Title 18 felony offenses. The statutory scheme creates a mandatory two-year prison term that is consecutive, meaning a defendant convicted of both the underlying felony and aggravated identity theft will serve the identity-theft sentence only after completing the sentence for the primary crime. If the identity theft relates to an act of terrorism, the mandatory term rises to five years.
Federal prosecution of these cases is intensive. The U.S. Attorney’s Office for the Eastern or Western District of Virginia, the District of Maryland, the District of Columbia, the District of New Jersey, or the Eastern or Southern District of New York will typically present evidence to a grand jury before obtaining an indictment. Federal conviction rates in criminal cases exceed 90 percent, and the discovery and pretrial motion practice are governed by the Federal Rules of Criminal Procedure, which differ markedly from state court practice. A person facing such charges needs counsel who is familiar with federal procedure, including suppression motions, cooperation agreements, and the complex calculations of the federal sentencing guidelines. Because federal prisons do not offer parole, any term of incarceration is effectively served in full, less limited good-conduct time.
How Mr. Sris and His Of Counsel Handle Aggravated Identity Theft Cases
Early engagement is critical. The firm’s approach begins with a thorough examination of the government’s evidence. Federal agents often build a case through search warrants, electronic surveillance, and cooperating witnesses. Counsel will scrutinize the warrant application for probable cause, evaluate whether any statements were obtained in violation of Miranda, and determine whether the government has overstepped constitutional bounds. In many instances, filing a motion to suppress illegally obtained evidence or challenging the admissibility of electronic records can alter the trajectory of the case before a trial date is set.
Mr. Sris and the firm’s Of Counsel attorneys also focus on the charging instrument. Aggravated identity theft requires that the defendant acted “knowingly”—an element the prosecution must prove beyond a reasonable doubt. The defense may center on showing that the accused did not know that the identification belonged to another actual person, or that the use of the identification was not “in relation to” a qualifying felony. Negotiation with the U.S. Attorney’s Office may yield a dismissal of the identity-theft count in exchange for a plea to the underlying offense, removing the mandatory consecutive penalty. When a trial is in the client’s best interest, the firm is prepared to mount a well-prepared defense before the district court and, if needed, the U.S. Court of Appeals.
About Mr. Sris and His Of Counsel Team
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., is a former prosecutor. He founded the firm in 1997 and has built a practice that spans five state and federal jurisdictions: Virginia, Maryland, the District of Columbia, New Jersey, and New York. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). His background in accounting and information systems gives him a distinctive advantage when dissecting the financial records and electronic evidence that often form the backbone of federal fraud and identity-theft prosecutions.
The firm’s Of Counsel attorneys bring extensive combined legal experience. Mr. Sris and his Of Counsel work collaboratively on federal matters, drawing on decades of courtroom experience. Results may vary. in any individual case. Every attorney associated with the firm has over a decade of practice experience and is admitted in one or more of the firm’s core jurisdictions. For a consultation about an aggravated identity theft matter, call (888) 437-7747.
Frequently Asked Questions
What is aggravated identity theft under federal law?
Aggravated identity theft is a federal crime, 18 U.S.C. § 1028A, that occurs when a person knowingly uses another individual’s identification during and in relation to certain enumerated felony offenses. The statute requires proof that the defendant knew the identification belonged to a real person. If convicted, the penalty is a mandatory two-year prison term that runs consecutively to any sentence for the underlying felony—effectively adding two years of incarceration beyond the primary sentence. The offense is frequently charged alongside fraud, immigration violations, or violent crimes.
What are the penalties for aggravated identity theft?
A conviction for aggravated identity theft carries a mandatory minimum of two years in prison, which must be served consecutively to any other sentence imposed. If the crime is connected to an act of terrorism, the mandatory term increases to five years. Federal law abolished parole, so the defendant will serve the full term (less up to 54 days per year of good-conduct credit, if applicable). Fines, restitution, and supervised release are also available under the federal sentencing guidelines. Because the two-year term is mandatory and consecutive, the consequences are severe, and early legal intervention is essential.
What should I do if I am under investigation for aggravated identity theft?
If you believe you are under federal investigation, do not speak to investigators without an attorney present, preserve all documents and records, and contact a federal criminal defense lawyer immediately. Federal agents may attempt to interview you before charges are filed, using that opportunity to gather statements that can later be used against you. Exercise your right to remain silent and request that your attorney be present for any questioning. Prompt legal guidance can help you navigate whether to cooperate, what evidence to retain, and how to prepare for a potential arrest or indictment.
How can a lawyer defend against aggravated identity theft charges?
A defense attorney can challenge the prosecution’s evidence by attacking the validity of search warrants, questioning whether the defendant knew the identification belonged to another person, or arguing that the alleged conduct did not occur “during and in relation to” a qualifying felony. The attorney may also file motions to suppress evidence obtained through illegal searches or coercive interrogations. If the government’s case is weak on the knowledge element, the defense may negotiate for dismissal of the identity-theft count or for a plea agreement that avoids the mandatory consecutive sentence. Each case rests on its own facts, and an experienced federal practitioner can identify the strongest strategy after reviewing the discovery.
Can aggravated identity theft be charged if I did not know the identification was stolen?
Yes, the statute does not require that the defendant knew the identification was stolen—only that the defendant knowingly used, transferred, or possessed a means of identification of another person without lawful authority and that the defendant knew the identification belonged to a real person. So even if you did not know the document or number was obtained through theft, you may still face charges if you used it in connection with a predicate felony. The “knowledge” requirement focuses on awareness that the identification belongs to another actual individual, not on the method by which it was obtained. This distinction can be a central issue at trial.
Are there defenses to aggravated identity theft if the underlying felony is dismissed?
Yes, because the aggravated identity theft charge requires proof that the offense was committed “during and in relation to” a qualifying felony, a dismissal or acquittal on the underlying predicate felony may undermine or eliminate the basis for the aggravated identity theft count. If the government fails to establish the underlying felony beyond a reasonable doubt, the aggravated identity theft charge cannot stand. Conversely, a plea to a non-qualifying misdemeanor or to an offense that is not an enumerated felony may also preclude conviction on the § 1028A count. An attorney can evaluate whether the government’s theory of the underlying crime is legally sufficient.
Related practice pages:
Attorney advertising. Prior results do not guarantee a similar outcome. Case results depend on a variety of factors unique to each case. Results may vary.