Aggravated Identity Theft Lawyer Camden County — What Are Your Federal Defense Options?
Aggravated identity theft under 18 U.S.C. § 1028A is a federal felony carrying a mandatory 2-year prison sentence consecutive to any other sentence. If you are charged in Camden County, you need an experienced aggravated identity theft lawyer Camden County from Law Offices Of SRIS, P.C.
Federal Aggravated Identity Theft Law and Penalties
Aggravated identity theft is distinct from standard identity fraud. Under federal law, 18 U.S.C. § 1028A, the crime occurs when someone knowingly transfers, possesses, or uses a means of identification of another person during and in relation to certain predicate felony offenses. These predicate crimes include bank fraud, immigration violations, theft of public money, and various forms of mail, wire, or computer fraud.
The statute mandates severe penalties. A conviction carries a mandatory prison term of 2 years, which must run consecutively (added on to) any sentence imposed for the underlying predicate felony. For aggravated identity theft related to terrorism offenses, the mandatory minimum increases to 5 years. Fines can also be substantial.
Last verified: April 2026 | U.S. District Court for the District of New Jersey | U.S. Congress.
Official Legal Resources
Understanding the specific law is critical. You can review the official federal statute: 18 U.S.C. § 1028A (Aggravated Identity Theft). For local court procedures and rules in Camden County, refer to the U.S. District Court for the District of New Jersey website.
Defense Strategy and Local Federal Court Process
Building a defense against aggravated identity theft charges requires challenging both the identity theft element and its connection to the predicate felony. A common defense is to argue a lack of specific intent—that you did not knowingly use another person’s identity in relation to the other crime. Another approach is to challenge the evidence linking you to the underlying felony itself, as the government must prove both beyond a reasonable doubt.
- Initial Appearance & Arraignment: You will be formally advised of the charges and enter a plea (not guilty, guilty, or no contest).
- Pre-Trial Motions & Discovery: Your attorney will file motions to challenge evidence and obtain all prosecution materials.
- Plea Negotiations: Most federal cases are resolved through plea agreements. Your lawyer will negotiate to potentially reduce charges or secure a favorable sentencing recommendation.
- Trial: If no plea is reached, the case proceeds to a jury trial where the government must prove every element.
- Sentencing: If convicted, the court will impose the mandatory 2-year consecutive sentence, plus any sentence for the predicate felony, following Federal Sentencing Guidelines.
Potential Penalties for Aggravated Identity Theft
In Camden County federal court, a conviction for aggravated identity theft under 18 U.S.C. § 1028A carries a mandatory 2-year federal prison sentence that must be served consecutively to any other sentence.
| Offense | Classification | Incarceration | Fine | Additional Consequences |
|---|---|---|---|---|
| Aggravated Identity Theft (General) | Federal Felony | Mandatory 2 years consecutive | Up to $250,000 | Mandatory restitution to victims, felony record, supervised release. |
| Aggravated Identity Theft (Terrorism) | Federal Felony | Mandatory 5 years consecutive | Up to $250,000 | Same as above, with heightened scrutiny. |
Results may vary. Prior results do not guarantee a similar outcome.
Why Choose Our Firm for Your Federal Defense
Founded in 1997, Law Offices Of SRIS, P.C. brings a foundation of experience to federal cases. Our approach is grounded in a detailed understanding of federal criminal procedure and the strategies needed to counter aggressive prosecution. We focus on the specific intent requirements of the statute and the government’s burden to prove the connection between the identity theft and the predicate felony.
Case Results and Client Advocacy
Our firm has a documented history of achieving favorable outcomes in challenging cases. While every case is unique, our strategic focus on pre-trial motions and negotiation has led to dismissals, charge reductions, and favorable plea agreements for clients facing serious federal allegations. Results may vary. Prior results do not guarantee a similar outcome.
Contact Our Camden County Federal Defense Team
Our firm is positioned to defend clients throughout Camden County and the surrounding region. We offer 24/7 phone consultations for urgent matters.
Law Offices Of SRIS, P.C.
Toll-Free: (888) 437-7747 | Local: (609)-983-0003
Meetings by appointment only.
Frequently Asked Questions
What makes “aggravated” identity theft different from regular identity theft?
Yes. Aggravated identity theft requires the use of someone’s identity during and in relation to a specific predicate felony like bank or wire fraud. This connection triggers a mandatory 2-year federal prison sentence that must be served on top of the sentence for the other crime.
Can the mandatory 2-year sentence be reduced or run concurrently?
No. The law (18 U.S.C. § 1028A) is explicit: the 2-year term is mandatory and must run consecutively. It cannot be suspended, run concurrently with another sentence, or reduced below 2 years. This is why having an experienced aggravated identity theft lawyer Camden County is critical to challenge the underlying charge.
What are common defenses to federal aggravated identity theft charges?
It depends. Defenses often challenge the “knowingly” element or the link to the predicate felony. You may argue you lacked intent to commit the other crime, that you had permission to use the identification, or that the evidence was obtained illegally. An enhanced identity fraud lawyer Camden County can evaluate the specific facts for viable defenses.
Will I be charged in state or federal court for this?
Aggravated identity theft is almost always a federal charge prosecuted by the U.S. Attorney’s Office. However, you could face related state charges for the underlying predicate offense. A federal identity theft defense lawyer Camden County can handle this dual-jurisdiction risk.
What should I do if I am under investigation for this?
Immediately seek legal counsel and exercise your right to remain silent. Do not speak to investigators without an attorney present. Early intervention by a lawyer can sometimes prevent charges from being filed or influence the direction of the investigation before an indictment.
Related Legal Services: If you are facing other federal fraud charges, you may need a federal criminal defense lawyer in New Jersey. For related state-level identity issues, consider a New Jersey identity theft lawyer.
Page last verified and updated: April 2026. Federal statutes and procedures are subject to change. The information provided is for general knowledge and does not constitute legal advice. Contact Law Offices Of SRIS, P.C. at (609)-983-0003 for case-specific guidance.
For the full picture beyond Camden County, our page on aggravated identity theft cases in New Jersey covers the process end to end.
Your case in Camden 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 Camden County that is the Superior Court of NJ, Camden Vicinage (1st Vicinage), 101 South Fifth Street, Camden, NJ 08103, telephone (856) 379-2200, 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 Camden 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: Camden County NJ lawyers directory · Aggravated Identity Theft Lawyer Bergen County, NJ · Aggravated Identity Theft Lawyer Hudson County, NJ · Aggravated Identity Theft Lawyer Monmouth County, NJ.