Aggravated Identity Theft Lawyer in Gloucester County, NJ — 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 Gloucester County, you need an experienced aggravated identity theft lawyer Gloucester County. Law Offices Of SRIS, P.C. provides a strong defense against federal identity theft charges. Call (888) 437-7747 for a 24/7 consultation.
Federal Aggravated Identity Theft Law
Aggravated identity theft is defined under federal statute 18 U.S.C. § 1028A. This law makes it a separate crime to knowingly use a means of identification of another person during and in relation to certain predicate felony offenses, such as bank fraud, mail fraud, or immigration violations. The key distinction from simple identity theft is the mandatory sentencing enhancement.
Last verified: April 2026 | U.S. District Court for the District of New Jersey | New Jersey legislature.
Official Legal Resources
For the full text of the federal statute, see 18 U.S.C. § 1028A (official U.S. Code). For local federal court procedures, visit the U.S. District Court for the District of New Jersey website.
Defending Federal Identity Theft Charges in New Jersey
Federal identity theft cases in New Jersey are prosecuted by the U.S. Attorney’s Office for the District of New Jersey, often from the Camden or Newark divisions. Investigations are typically led by agencies like the FBI, Secret Service, or Homeland Security Investigations (HSI). A conviction for aggravated identity theft carries a mandatory two-year prison term that must run consecutively to any sentence for the underlying felony.
- Initial Investigation & Contact: You may be contacted by a federal agent or receive a target letter. Do not speak to investigators without your attorney present.
- Grand Jury Indictment: The case will be presented to a federal grand jury. If indicted, you will be formally charged.
- Arraignment & Detention Hearing: You will appear in U.S. District Court, enter a plea, and a judge will determine if you are released pending trial.
- Discovery & Pre-Trial Motions: Your attorney will review all evidence and file motions to challenge the prosecution’s case, such as motions to suppress evidence.
- Plea Negotiations or Trial: Your lawyer will negotiate with the U.S. Attorney’s Office for a favorable plea deal or prepare for a jury trial.
- Sentencing: If convicted, sentencing follows federal guidelines, with the mandatory two-year term for aggravated identity theft.
Potential Penalties for Federal Identity Theft
In federal court, aggravated identity theft under 18 U.S.C. § 1028A carries a mandatory two-year prison sentence that must be served 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 | Court discretion | Restitution to victims, federal supervised release |
| Underlying Predicate Felony (e.g., Bank Fraud) | Federal Felony | Varies by statute (e.g., up to 30 years) | Up to $1,000,000 | Asset forfeiture, restitution |
Results may vary. Prior results do not guarantee a similar outcome.
Our Experience in Federal Defense
Founded in 1997 by former prosecutor Mr. Sris, Law Offices Of SRIS, P.C. brings over 120 years of combined legal experience to federal cases. Our firm-wide track record includes 4,739+ documented case results with a 93%+ favorable outcome rate. We understand the high stakes of federal court and build defenses focused on challenging the government’s evidence and intent.
Case Results & Client Advocacy
Our approach is to secure a favorable outcome from the start. While specific results in Gloucester County for this charge are not publicly listed, our firm’s extensive history in federal and state courts demonstrates our commitment to vigorous defense. We analyze every detail of the government’s case to identify weaknesses, such as lack of knowledge or insufficient evidence linking you to the crime.
Results may vary. Prior results do not guarantee a similar outcome.
Local Federal Defense in Gloucester County
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) 651-9900
By appointment only.
Our New Jersey location serves clients facing federal charges in Gloucester County. The U.S. District Court for the District of New Jersey handles cases from this area. We are accessible via I-295, Route 55, and the NJ Turnpike. We provide representation for individuals in Woodbury, Washington Township, Deptford, Monroe Township, and surrounding communities. As an enhanced identity fraud lawyer Gloucester County, we offer 24/7 phone consultations at (888) 437-7747. All meetings are by appointment only.
Frequently Asked Questions
What makes identity theft “aggravated” under federal law?
It depends. Aggravation requires using someone else’s identification during and in relation to a specific predicate felony, like bank fraud or immigration crime. The mandatory two-year sentence is what makes it “aggravated.” Simple identity theft does not have this mandatory consecutive penalty.
Can the mandatory two-year sentence be avoided?
Yes, but only if the charge is defeated entirely. An acquittal at trial, a dismissal of the charge, or a plea agreement where the government drops the § 1028A charge can avoid the mandatory term. This is why having a skilled aggravated identity theft lawyer Gloucester County is critical for negotiation and trial strategy.
What should I do if a federal agent wants to talk to me?
No. You should not speak to them without your attorney. Politely state you wish to exercise your right to remain silent and your right to an attorney. Then, immediately contact a federal defense lawyer. Anything you say can be used against you.
What are common defenses to aggravated identity theft?
Defenses often challenge the “knowing” element—you didn’t know the ID belonged to a real person, or you had permission. Other defenses include mistaken identity, lack of evidence linking you to the use, or challenging the validity of the underlying predicate felony. An experienced federal identity theft defense lawyer Gloucester County will identify the best defense for your case.
How long does a federal identity theft case take?
Typically, 6 to 18 months from indictment to resolution. Demanding cases with large amounts of evidence can take longer. The federal Speedy Trial Act sets certain deadlines, but these can be extended for valid reasons, such as discovery.
Related Legal Services in Gloucester County
If you are facing related charges, you may need a federal criminal lawyer in Gloucester County. For other local legal matters, consider our Gloucester County criminal defense lawyer or visit our New Jersey federal criminal defense hub page.
Last verified: April 2026. Federal laws and procedures can change. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current legal guidance regarding your aggravated identity theft charge.
If your case reaches beyond Gloucester County, our page on aggravated identity theft charges across Virginia sets out what to look for at each stage.
For the background behind a Gloucester County case, our page explains how Virginia handles aggravated identity theft.
Your case in Gloucester 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 Gloucester County that is the Superior Court of NJ, Gloucester Vicinage (15th Vicinage), 70 Hunter Street, Woodbury, NJ 08096, telephone (856) 853-3200, 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 Gloucester 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: Gloucester 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.