Aggravated Identity Theft Lawyer Cumberland County — What Are Your Federal Defense Options?

Aggravated identity theft under 18 U.S.C. § 1028A is a federal felony with a mandatory 2-year prison sentence consecutive to any other sentence. In Cumberland County, federal prosecutors aggressively pursue these charges. The Law Offices Of SRIS, P.C. provides a strong defense against these serious allegations. Contact our aggravated identity theft lawyer Cumberland County for a case review.

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Federal Aggravated Identity Theft Law

Aggravated identity theft is distinct from simple identity fraud. The federal statute, 18 U.S.C. § 1028A, makes it a separate crime to knowingly use another person’s means of identification during and in relation to certain predicate felonies. These predicate crimes include bank fraud, wire fraud, mail fraud, and various immigration and terrorism offenses. The key element is the “use” of the identification in connection with the underlying felony.

Last verified: April 2026 | U.S. District Court for the District of New Jersey | U.S. Code.

Official Legal Resources

Understanding the specific law and the local court procedures is critical. You can review the federal statute at the official U.S. House of Representatives website: 18 U.S.C. § 1028A (official U.S. Code). For local federal court rules and procedures in New Jersey, visit the U.S. District Court for the District of New Jersey website.

Local Federal Court Process for Aggravated Identity Theft

Federal aggravated identity theft cases in Cumberland County are prosecuted in the U.S. District Court for the District of New Jersey. The process is markedly different from state court. Federal investigations are often lengthy, led by agencies like the FBI or Secret Service, and involve grand jury indictments. An experienced federal identity theft defense lawyer Cumberland County understands that early intervention during the investigation phase is often the most strategic point to influence the case outcome.

Federal Investigation & Grand Jury: A federal agency investigates, often presenting evidence to a grand jury which issues an indictment.
Arraignment & Initial Appearance: You will appear before a U.S. Magistrate Judge to hear the charges and enter a plea.
Pre-Trial Motions & Discovery: Your attorney files motions to challenge evidence and obtains discovery from the U.S. Attorney’s Office.
Plea Negotiations or Trial: Most federal cases resolve by plea agreement. If not, the case proceeds to a jury trial in federal district court.
Sentencing: If convicted, sentencing follows federal guidelines, with the § 1028A charge adding a mandatory consecutive 2-year term.

Penalties for Federal Identity Theft in New Jersey

In federal court for New Jersey, a conviction for aggravated identity theft carries a mandatory prison sentence of 2 years, which must be served consecutively to any sentence for the underlying felony, plus potential fines and supervised release.

Offense	Classification	Incarceration	Fine	Supervised Release	Additional Consequences
Aggravated Identity Theft (18 U.S.C. § 1028A)	Federal Felony	Mandatory 2 years consecutive	Up to $250,000	Typically 1-3 years	Restitution to victims, permanent criminal record, loss of professional licenses.
Underlying Predicate Felony (e.g., Wire Fraud)	Federal Felony	Varies (e.g., up to 20 years)	Up to $250,000	Varies	All penalties for the separate felony charge.

Results may vary. Prior results do not guarantee a similar outcome.

Our Experience with Federal Identity Theft Cases

Founded in 1997 by a former prosecutor, the Law Offices Of SRIS, P.C. brings a combined 120+ years of legal experience to federal defense. Our approach is grounded in a deep understanding of federal investigative tactics and sentencing procedures. We scrutinize the government’s evidence to challenge whether the identification was used “in relation to” the predicate crime, a key defense in aggravated identity theft cases.

Mr. Sris
Founding Attorney
Bar Admissions: Virginia, Maryland, District of Columbia, New Jersey, New York
A former prosecutor and firm founder with decades of experience handling federal and state criminal matters, including white-collar and identity fraud defense.

Case Results & Client Advocacy

Our firm has a documented record of achieving favorable outcomes in challenging cases. We have successfully defended clients against federal fraud and identity theft allegations by filing pre-trial motions to suppress evidence, negotiating for dismissal of the aggravated enhancement, and securing favorable plea agreements that minimize exposure. Every case is unique, and we develop a defense strategy specific to the facts and evidence presented by the federal government.

Results may vary. Prior results do not guarantee a similar outcome.

Contact Our Cumberland County Federal Defense Lawyers

If you are under investigation or charged with aggravated identity theft in Cumberland County, immediate action is necessary. Our aggravated identity theft lawyer Cumberland County is prepared to defend you in the federal system.

Law Offices Of SRIS, P.C.
Toll-Free: (888) 437-7747 | Local: (838)-292-0003
By appointment only.
24/7 phone consultations — meetings by appointment only.

Federal Identity Theft Defense FAQs

What makes identity theft “aggravated” under federal law?

It depends. Identity theft becomes “aggravated” under 18 U.S.C. § 1028A when someone knowingly uses another person’s identification during and in relation to a specific list of predicate felony offenses, such as bank fraud, wire fraud, or certain immigration violations. Simple possession or misuse alone does not trigger this enhanced charge.

Can the mandatory 2-year sentence for aggravated identity theft be avoided?

Yes, but only if the charge is defeated entirely. The mandatory 2-year prison term must be served consecutively to any other sentence and cannot be suspended, probated, or run concurrently. The primary ways to avoid it are to secure an acquittal at trial, get the charge dismissed pre-trial, or negotiate a plea where the government drops the § 1028A enhancement.

What is the main defense strategy against an aggravated identity theft charge?

A key defense is challenging the “in relation to” element. An enhanced identity fraud lawyer Cumberland County will argue that the use of the identification was not sufficiently connected to the underlying felony. Other defenses include lack of knowledge that the identification belonged to a real person, mistaken identity, or challenging the legality of the evidence obtained by federal agents.

Who investigates federal aggravated identity theft cases?

Multiple federal agencies can investigate, including the Federal Bureau of Investigation (FBI), U.S. Secret Service, Homeland Security Investigations (HSI), U.S. Postal Inspection Service, or the Social Security Administration Office of Inspector General. The agency involved often depends on the nature of the underlying predicate crime.

How does federal court differ from New Jersey state court for identity theft?

Federal court involves different procedures, rules of evidence, sentencing guidelines, and prosecutors (U.S. Attorneys). Federal cases often have more extensive pre-trial investigation, grand juries, and typically carry harsher penalties. Having an attorney familiar with the U.S. District Court for the District of New Jersey is important.

Related Practice Areas: If you are facing other federal charges, our firm also handles federal wire fraud defense and federal conspiracy charges.

Locations Served: Our federal criminal defense attorneys assist clients throughout Cumberland County and the surrounding region.

Last verified: April 2026. Laws and procedures change. Contact the Law Offices Of SRIS, P.C. at (888) 437-7747 for current legal guidance regarding your specific situation.