Aggravated Identity Theft Lawyer Burlington County — Federal Defense
Aggravated identity theft under 18 U.S.C. § 1028A is a federal felony with a mandatory two-year prison sentence consecutive to any other sentence. If you are charged in Burlington County, you need an experienced aggravated identity theft lawyer Burlington County. Law Offices Of SRIS, P.C. defends clients in the U.S. District Court for the District of New Jersey. Call (888) 437-7747 for a consultation.
Last verified: March 2026 | U.S. District Court for the District of New Jersey | Federal Criminal Code
Federal Aggravated Identity Theft Statute
Aggravated identity theft is defined under 18 U.S.C. § 1028A. It occurs when someone knowingly transfers, possesses, or uses, without lawful authority, a means of identification of another person during and in relation to certain enumerated felony violations. These predicate felonies include theft, fraud, immigration, and terrorism offenses. The key difference from basic identity theft is the mandatory sentencing enhancement. A conviction requires the government to prove you knew the identification belonged to a real person.
Official Legal Resources
For the full text of the federal statute, see 18 U.S.C. § 1028A (Cornell Legal Information Institute). For local court procedures, refer to the U.S. District Court for the District of New Jersey website.
Local Federal Court Process in New Jersey
Federal aggravated identity theft cases in Burlington County are prosecuted by the U.S. Attorney’s Office for the District of New Jersey, often out of the Camden or Newark divisions. The case begins with an investigation by federal agencies like the FBI, Secret Service, or IRS. After a grand jury indictment, the case proceeds in U.S. District Court. The mandatory sentence makes early, strategic defense critical.
- Initial Investigation: Federal agents may contact you or execute search warrants.
- Grand Jury Indictment: Formal charges are filed after a secret grand jury proceeding.
- Arraignment: You appear in U.S. District Court to hear the charges and enter a plea.
- Discovery & Motions: Your attorney reviews evidence and files motions to challenge the prosecution’s case.
- Plea Negotiations or Trial: Most federal cases end in a plea, but trial is an option.
- Sentencing: If convicted, the court imposes the mandatory two-year sentence consecutive to any other penalty.
Potential Penalties for Aggravated Identity Theft
In federal court, aggravated identity theft carries a mandatory two-year prison sentence that must run consecutively to any sentence for the underlying felony.
| Offense | Classification | Incarceration | Fine | Additional Consequences |
|---|---|---|---|---|
| Aggravated Identity Theft (18 U.S.C. § 1028A) | Federal Felony | Mandatory 2 years consecutive | Up to $250,000 | Restitution, forfeiture, supervised release. |
| Underlying Predicate Felony (e.g., Wire Fraud) | Federal Felony | Varies by statute | Varies by statute | Separate penalties apply. |
Results may vary. Prior results do not guarantee a similar outcome.
Our Firm’s Experience in Federal Defense
Law Offices Of SRIS, P.C. was founded in 1997 by former prosecutor Mr. Sris. Our firm brings a combined 120+ years of legal experience to federal cases. We understand the severe implications of mandatory minimum sentences and build defenses focused on the specific elements the government must prove.
Case Results & Approach
Our firm-wide record includes 4,739+ documented case results with over 93% favorable outcomes. In federal cases, our strategy involves a meticulous review of the evidence to challenge whether the use of identification was truly “during and in relation to” a predicate felony, a key element for an enhanced identity fraud lawyer Burlington County to attack.
Results may vary. Prior results do not guarantee a similar outcome.
Contact Our Burlington County Federal Defense Lawyers
Our New Jersey location serves clients facing charges in Burlington County federal court. We are accessible via the NJ Turnpike and I-295. If you need an aggravated identity theft lawyer Burlington County, contact us for a 24/7 phone consultation.
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) 651-3900
By appointment only.
We serve communities including Mount Holly, Mount Laurel, Moorestown, Burlington City, Cinnaminson, Evesham, Medford, Bordentown, Pemberton, Willingboro, and Marlton.
Frequently Asked Questions
What makes identity theft “aggravated” under federal law?
It becomes aggravated when the identity theft occurs during and in relation to specific felony crimes listed in the statute, such as bank fraud or immigration offenses. This triggers a mandatory two-year prison sentence on top of the penalty for the other crime.
Can the mandatory two-year sentence be avoided?
It depends. The sentence is mandatory upon conviction. Therefore, defense focuses on defeating the charge entirely—by showing lack of knowledge, challenging the connection to a predicate felony, or suppressing evidence. A skilled federal identity theft defense lawyer Burlington County explores all avenues to avoid a conviction.
What federal court handles Burlington County cases?
Aggravated identity theft cases are prosecuted in the U.S. District Court for the District of New Jersey. Burlington County falls under the jurisdiction of this federal district court, with cases often managed through the Camden or Newark divisions.
What should I do if contacted by federal agents?
Politely decline to answer questions and state you wish to speak with an attorney. Do not consent to any searches. Contact a lawyer as early as possible. Anything you say can be used against you, and agents are trained to obtain incriminating statements.
How is aggravated identity theft different from regular identity theft?
The primary difference is the mandatory consecutive prison sentence. Basic identity theft under 18 U.S.C. § 1028 has variable penalties. Aggravated identity theft under § 1028A adds a fixed, two-year term that must be served after any other sentence is completed.
Internal Resources: For more on federal defense, see our New Jersey Federal Criminal Lawyer hub page. For related local charges, consider a Burlington County Criminal Defense Lawyer. For other legal needs, view our page on Business Lawyer Burlington County.
Last verified: March 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.
Burlington County cases are handled by our New Jersey aggravated identity theft practice, where the whole process is set out.
Your case in Burlington 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 Burlington County that is the Superior Court of NJ, Burlington Vicinage (8th Vicinage), 49 Rancocas Road, Mount Holly, NJ 08060, telephone (609) 518-2500, 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 Burlington 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: Burlington 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.