Aggravated Identity Theft Lawyer Union County — Federal Defense
Aggravated identity theft under 18 U.S.C. § 1028A is a federal felony requiring a mandatory 2-year prison sentence consecutive to any other sentence. If you are charged in Union County, you need an experienced aggravated identity theft lawyer Union County immediately. Law Offices Of SRIS, P.C. provides defense for cases prosecuted in the U.S.
Federal Aggravated Identity Theft Law
Aggravated identity theft is defined under federal statute 18 U.S.C. § 1028A. The law makes it a separate crime to knowingly use a means of identification of another person during and in relation to certain predicate felonies, such as bank fraud, wire fraud, or theft of public money. The key distinction from simple identity theft is the mandatory sentencing enhancement. A conviction requires a judge to impose a sentence of two years in prison that must run consecutively (added on) to any sentence for the underlying felony. This makes the charge exceptionally severe and necessitates a federal identity theft defense lawyer Union County.
Last verified: March 2026 | U.S. District Court for the District of New Jersey | Federal Criminal Code
External Legal Resources
For the official text of the federal statute, see 18 U.S.C. § 1028A (Cornell Legal Information Institute). For information on the federal court handling these cases in New Jersey, visit the U.S. District Court for the District of New Jersey website.
Defense Strategy for Union County Federal Court
Defending an aggravated identity theft charge requires attacking both the “use” and the “in relation to” elements of the statute. In the Newark and Camden federal court divisions, prosecutors must prove you knowingly used another person’s identifying information and did so in connection with a specific felony. A common defense is to challenge the knowledge element—arguing you did not know the identification belonged to a real person. Another strategy is to contest the connection to the predicate felony, potentially skilled to a dismissal of the § 1028A charge. An enhanced identity fraud lawyer Union County can also negotiate for the underlying charge to be reduced to one that does not trigger the mandatory consecutive sentence.
- Secure immediate representation upon learning of a federal investigation or indictment.
- Your attorney will file motions to review the evidence and challenge the grand jury indictment if flawed.
- A defense strategy is built, focusing on the knowledge element or severing the link to the predicate crime.
- Negotiations with the U.S. Attorney’s Office may seek to drop the § 1028A charge in exchange for a plea to the underlying offense.
- If the case proceeds to trial, your lawyer will present a focused defense to the jury on the specific elements required for conviction.
- At sentencing, if convicted, your attorney will advocate for the most favorable interpretation of the guidelines for the underlying crime, as the two-year term is fixed.
Penalties for Federal Aggravated Identity Theft
In Union County, a conviction for aggravated identity theft under 18 U.S.C. § 1028A carries a mandatory two-year federal prison sentence that must run consecutively to any other sentence imposed.
| Offense | Classification | Incarceration | Fine | Supervised Release | Additional Consequences |
|---|---|---|---|---|---|
| Aggravated Identity Theft (18 U.S.C. § 1028A) | Federal Felony | Mandatory 2 years consecutive | Court discretion | Typically 1-3 years | Restitution to victims, permanent felony record, loss of professional licenses. |
Results may vary. Prior results do not guarantee a similar outcome.
Our Firm’s Experience in Federal Court
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 high-stakes nature of federal prosecutions and the specific strategies required to defend against mandatory minimum charges like aggravated identity theft. Our approach is direct and focused on the details of your case.
Case Results
Our firm-wide record includes 4,739+ documented case results with a favorable outcome rate of over 93%. While every case is unique, our team has successfully defended clients against serious federal charges. We have secured dismissals, not guilty verdicts, and favorable plea agreements in contested matters. Results may vary. Prior results do not guarantee a similar outcome.
Aggravated Identity Theft Defense in Union County, NJ
Our New Jersey location represents clients facing federal charges in Union County. We serve Elizabeth, Union Township, Plainfield, Westfield, Scotch Plains, Cranford, Summit, Linden, Rahway, Clark, Roselle, and Springfield.
Law Offices Of SRIS, P.C.
New Jersey Location — 44 Apple St, 1st Floor
Tinton Falls, NJ 07724
By appointment only.
Toll-Free: (888) 437-7747 | Local: (732) 758-8888
24/7 phone consultations — meetings by appointment only.
FAQs: Aggravated Identity Theft Charges
What makes identity theft “aggravated” under federal law?
It becomes “aggravated” when someone knowingly uses another person’s means of identification during and in relation to specific felony crimes listed in the statute, such as bank fraud or wire fraud. This triggers a mandatory two-year prison sentence.
Can the mandatory 2-year sentence be reduced or run concurrently?
No. By law, the two-year sentence for a § 1028A conviction must be imposed and must run consecutively (added on) to any sentence for the underlying felony. Judges have no discretion to run it concurrently or reduce it below two years.
What are common defenses to aggravated identity theft?
Common defenses include lack of knowledge that the identification belonged to a real person, mistaken identity, or that the use of the identification was not “in relation to” one of the listed predicate felonies. A skilled federal identity theft defense lawyer Union County can evaluate the best approach.
What is the difference between this and state identity theft charges in NJ?
New Jersey state identity theft laws (N.J.S.A. 2C:21-17) carry different penalties and are prosecuted in Superior Court. Federal aggravated identity theft has a mandatory consecutive sentence and is prosecuted by the U.S. Attorney’s Office in federal court, often for larger-scale or interstate schemes.
Should I speak to federal investigators if they contact me?
No. You should politely decline to answer questions and immediately contact an attorney. Anything you say can be used against you, and investigators are not required to inform you of their full purpose.
Related Legal Information
If you are facing federal charges, you may need a federal criminal lawyer in Union County. For broader defense resources, see our New Jersey criminal defense hub. We also assist clients in neighboring areas like Bergen County.
Page Last verified: March 2026. Federal laws and procedures can change. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current legal guidance regarding your specific situation.
Union County cases are handled by our New Jersey aggravated identity theft practice, where the whole process is set out.
Your case in Union 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 Union County that is the Superior Court of NJ, Union Vicinage (12th Vicinage), 2 Broad Street, Elizabeth, NJ 07207, telephone (908) 787-1650, 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 Union 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: Union 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.