Aggravated Identity Theft Lawyer Bergen County — What Are Your Federal Defense Options?
Aggravated identity theft under 18 U.S.C. § 1028A is a federal felony carrying a mandatory 2-year prison sentence consecutive to any other sentence. In Bergen County, these cases are prosecuted by the U.S. Attorney’s Office for the District of New Jersey. An aggravated identity theft lawyer Bergen County from Law Offices Of SRIS, P.C.
Last verified: March 2026 | Superior Court of NJ, Bergen Vicinage | 18 U.S.C. § 1028A
Federal Aggravated Identity Theft Statute
Aggravated identity theft is defined under federal law at 18 U.S.C. § 1028A. The statute makes it a separate crime to knowingly use a means of identification of another person during and in relation to any of dozens of enumerated felony violations, such as bank fraud, wire fraud, or theft of public money. The key distinction from basic identity theft is the mandatory sentencing enhancement. A conviction requires the government to prove you knowingly used the identification and that you did so in connection with the underlying felony. A federal identity theft defense lawyer Bergen County can scrutinize whether the prosecution can meet this high burden of proof.
Official Legal Resources
For the full text of the federal aggravated identity theft 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.
Bergen County Federal Court Process for Identity Theft Charges
Aggravated identity theft cases in Bergen County are investigated by federal agencies like the FBI, Secret Service, or Postal Inspection Service and prosecuted in the U.S. District Court for the District of New Jersey, often in the Newark or Hackensack courthouses. The mandatory sentence makes early intervention critical. An enhanced identity fraud lawyer Bergen County can work to negotiate a plea that avoids the mandatory consecutive time or challenge the predicate felony charge itself.
- Initial federal investigation by agencies like the FBI or Secret Service.
- Grand jury indictment for aggravated identity theft and the underlying felony.
- Arraignment and detention hearing in U.S. District Court.
- Discovery phase—reviewing all digital and financial evidence.
- Pre-trial motions to suppress evidence or dismiss charges.
- Plea negotiations or trial preparation focused on the government’s burden.
Potential Penalties for Federal Identity Theft
In federal court, aggravated identity theft carries a mandatory 2-year prison sentence that must run consecutively to any sentence for the underlying felony, plus potential fines and restitution.
| 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 to victims, forfeiture, supervised release |
| Underlying Felony (e.g., Bank Fraud) | Federal Felony | Varies (e.g., up to 30 years) | Up to $1,000,000 | Same as above |
Results may vary. Prior results do not guarantee a similar outcome.
Why Choose Our Firm for Your Federal Identity Theft Case
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 of aggravated identity theft charges and the aggressive tactics of federal prosecutors in New Jersey. Our approach is to mount an immediate and thorough defense, examining every piece of evidence for weaknesses in the government’s case.
Case Results & Client Advocacy
While specific results for aggravated identity theft in Bergen County are not listed, our firm-wide record includes 4,739+ documented case results with over 93% favorable outcomes across Virginia, Maryland, New Jersey, New York, and DC. We actively practice in federal courts and understand the nuances of defending against federal charges where the government must prove specific intent and connection.
Results may vary. Prior results do not guarantee a similar outcome.
Aggravated Identity Theft Lawyer Near Bergen County, NJ
Our New Jersey location serves clients facing federal charges in Bergen County. We are accessible via I-80, the NJ Turnpike, and Route 17. We serve Hackensack, Fort Lee, Teaneck, Paramus, Englewood, Ridgewood, Fair Lawn, Bergenfield, Garfield, Mahwah, Ramsey, and Lyndhurst.
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.
24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
FAQs: Aggravated Identity Theft Defense in Bergen County
What makes identity theft “aggravated” under federal law?
It depends. Aggravated identity theft requires the government to prove you knowingly used someone else’s identification during and in relation to a specific felony, like bank or wire fraud. The mandatory 2-year sentence is what makes it “aggravated.” A federal identity theft defense lawyer Bergen County can challenge the connection to the underlying crime.
Can the mandatory 2-year sentence for aggravated identity theft be avoided?
Yes, in some circumstances. While the statute mandates the sentence upon conviction, an experienced attorney can work to have the underlying felony charge dismissed or plead to a lesser offense that doesn’t trigger § 1028A. Pre-trial negotiations are critical to avoid the mandatory consecutive time.
What federal agencies investigate identity theft in Bergen County?
Multiple agencies may be involved, including the Federal Bureau of Investigation (FBI), U.S. Secret Service, U.S. Postal Inspection Service, and Homeland Security Investigations (HSI). These agencies have extensive resources for digital forensics and financial tracking.
Is aggravated identity theft a state or federal crime in New Jersey?
It can be both. New Jersey has its own identity theft statutes (N.J.S.A. 2C:21-17), but “aggravated identity theft” specifically refers to the federal crime under 18 U.S.C. § 1028A. You can be charged under state law, federal law, or both for related conduct.
What should I do if I am under federal investigation for identity theft?
Immediately contact a lawyer experienced in federal criminal defense. Do not speak to investigators without an attorney present. An aggravated identity theft lawyer Bergen County can advise you on your rights, help manage the investigation, and work to prevent an indictment.
Related Legal Resources
If you are facing federal charges, you may also want to learn about federal criminal defense in Bergen County. For broader defense information, see our New Jersey criminal defense hub. We also assist clients in neighboring areas like Morris County.
Page last verified: 2026-04. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.
The same rules apply outside Bergen County, and our page on aggravated identity theft charges across New Jersey walks through each stage.
Your case in Bergen 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 Bergen County that is the Superior Court of NJ, Bergen Vicinage (2nd Vicinage), 10 Main Street, Hackensack, NJ 07601, telephone (201) 527-2700, 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 Bergen 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: Bergen County NJ lawyers directory · Aggravated Identity Theft Lawyer Hudson County, NJ · Aggravated Identity Theft Lawyer Monmouth County, NJ.