Aggravated Identity Theft Lawyer Somerset County — Federal Defense
Aggravated identity theft under 18 U.S.C. § 1028A is a federal felony carrying a mandatory 2-year prison sentence consecutive to any other penalty. In Somerset County, these cases are prosecuted by the U.S. Attorney’s Office for the District of New Jersey. An aggravated identity theft lawyer from Law Offices Of SRIS, P.C. defends against these serious 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. 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 basic identity theft is the mandatory sentencing enhancement.
Last verified: April 2026 | U.S. District Court for the District of New Jersey | 18 U.S.C. § 1028A
Official Legal Resources
For the full text of the federal statute, see 18 U.S.C. § 1028A (Cornell Legal Information Institute). For local federal court procedures, visit the U.S. District Court for the District of New Jersey website.
Defending a Federal Identity Theft Case in Somerset County
Federal identity theft defense in New Jersey requires a specific strategy. The prosecution must prove you knowingly used another person’s identity during a felony. A common defense is challenging the “knowingly” element or arguing the use was not “during and in relation to” the predicate crime. Early intervention by a federal identity theft defense lawyer Somerset County is critical to contest evidence from agencies like the FBI or Secret Service before indictment.
- Initial Investigation: Federal agents (FBI, HSI, USPIS) may contact you. Do not speak to them without your lawyer present.
- Grand Jury Indictment: The U.S. Attorney presents evidence to a grand jury in Newark or Camden. If indicted, you will be arraigned.
- Pretrial Motions: Your attorney files motions to suppress evidence or dismiss charges based on procedural errors or lack of evidence.
- Plea Negotiations: Your lawyer negotiates with the Assistant U.S. Attorney, potentially seeking to reduce the predicate charge to avoid the mandatory 1028A enhancement.
- Trial Preparation: If no plea is reached, prepare for trial in U.S. District Court, focusing on creating reasonable doubt about intent and knowledge.
- Sentencing: If convicted, your attorney advocates at sentencing to minimize the total prison term, especially the consecutive nature of the 1028A penalty.
Potential Penalties for Federal Identity Theft
In federal court, aggravated identity theft under 18 U.S.C. § 1028A carries a mandatory 2-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 | Court discretion | Restitution, forfeiture, supervised release |
| Underlying Predicate Felony (e.g., Wire Fraud) | Federal Felony | Varies (e.g., up to 20 years) | Up to $250,000+ | Restitution, asset forfeiture |
Results may vary. Prior results do not guarantee a similar outcome.
Why Choose Our Firm for Your Federal Defense
Law Offices Of SRIS, P.C. was founded in 1997. Our firm handles federal cases, including those involving identity fraud. We understand the severe implications of a mandatory consecutive sentence and build defenses focused on the specific elements the government must prove. Mr. Sris, our managing attorney, is a former prosecutor with a background in information systems, providing a distinct advantage in analyzing digital evidence in financial and identity crime cases.
In federal identity theft cases, the strategic experience of an enhanced identity fraud lawyer Somerset County is vital. Mr. Sris collaborates with experienced counsel to challenge the government’s evidence from the investigation stage forward. The firm’s approach is to seek dismissal or reduction of charges before trial whenever possible.
Local Service for Somerset County Federal Charges
Law Offices Of SRIS, P.C. — New Jersey
44 Apple St, 1st Floor
Tinton Falls, NJ 07724
Toll-Free: (888) 437-7747 | Local: (609)-983-0003
By appointment only.
Our New Jersey location serves clients facing federal charges in Somerset County. We provide representation for individuals investigated or charged by federal agencies. We offer 24/7 phone consultations — call (888) 437-7747 — with meetings by appointment only. We serve communities including Somerville, Bridgewater, Franklin Township, Bound Brook, and Hillsborough.
FAQs: Aggravated Identity Theft Defense
What makes identity theft “aggravated” under federal law?
It depends. The “aggravated” designation under 18 U.S.C. § 1028A applies only when the identity theft occurs “during and in relation to” a specific predicate felony, like bank or wire fraud. This triggers a mandatory 2-year prison sentence that must run consecutively to any other sentence imposed.
Can the mandatory 2-year sentence for aggravated identity theft be avoided?
Yes, but only under narrow circumstances. The mandatory sentence is avoided if the defendant is acquitted of the 1028A charge, if the charge is dismissed by the court, or if the government agrees to drop it in a plea bargain. A skilled federal identity theft defense lawyer Somerset County negotiates the predicate charge to create use.
What federal agencies investigate identity theft in New Jersey?
Multiple agencies can be involved, including the Federal Bureau of Investigation (FBI), U.S. Secret Service (USSS), Homeland Security Investigations (HSI), U.S. Postal Inspection Service (USPIS), and the Internal Revenue Service Criminal Investigation (IRS-CI). Cases are prosecuted by the U.S. Attorney’s Office for the District of New Jersey.
Is intent important in an aggravated identity theft case?
Yes. The government must prove you “knowingly” used the identification of another person. Lack of knowledge is a common defense. An attorney can argue you did not know the identification belonged to a real person or that you had permission to use it.
What should I do if I’m contacted by federal agents about identity theft?
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 early legal intervention is the most critical step in building a defense.
Internal Links: For more on federal defense, see our New Jersey Federal Criminal Lawyer hub. For related local charges, see our Somerset County Criminal Defense Lawyer page. For other services, see Somerset County Business Lawyer.
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 specific situation.
If you want to see how a Somerset County case fits into the wider process, our page on aggravated identity theft lawyer New Jersey covers it from start to finish.
Your case in Somerset 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 Somerset County that is the Superior Court of NJ, Somerset Vicinage (13th Vicinage), 20 North Bridge Street, Somerville, NJ 08876, telephone (908) 231-7000, 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 Somerset 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: Somerset 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.