Aggravated Identity Theft Lawyer Hanover Virginia — 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 under investigation or charged in Hanover County, an aggravated identity theft lawyer from Law Offices Of SRIS, P.C. is critical. Our firm has documented results in federal courts. Call (888) 437-7747 for a 24/7 consultation.
Federal Aggravated Identity Theft Statute
Aggravated identity theft is defined under federal law at 18 U.S.C. § 1028A. Unlike simple identity theft, this charge requires proof that you knowingly used the identification of another person during and in relation to a specific predicate felony, such as bank fraud, wire fraud, or theft of public money. The mandatory two-year sentence runs consecutively to any sentence for the underlying crime, making the total potential penalty severe.
Last verified: April 2026 | Federal District Court for the Eastern District of Virginia | Virginia General Assembly
Official Legal Resources
For the full text of the federal identity theft statute, see 18 U.S.C. § 1028A (Cornell Legal Information Institute). For local federal court procedures, visit the U.S. District Court for the Eastern District of Virginia website.
Hanover County Federal Defense Strategy
Federal identity theft cases in Hanover County are typically investigated by the FBI, Secret Service, or Postal Inspection Service and prosecuted by the U.S. Attorney’s Office for the Eastern District of Virginia. A key local procedural fact is that these cases often involve complex electronic evidence from financial institutions. An insider note: prosecutors must prove you knew the identification belonged to a real person, which can be a critical point for defense.
- Initial Investigation: Federal agents may contact you or execute a search warrant. Do not speak to agents without your attorney present.
- Indictment: A federal grand jury issues an indictment, formally charging you.
- Arraignment: You appear in U.S. District Court, are informed of the charges, and enter a plea.
- Discovery & Motions: Your attorney reviews all evidence and files pre-trial motions to challenge the prosecution’s case.
- Plea Negotiations or Trial: Your attorney negotiates for a reduction or dismissal, or prepares for a jury trial.
- Sentencing: If convicted, sentencing follows federal guidelines, with the § 1028A penalty mandatory and consecutive.
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 be served consecutively to any sentence for the underlying felony.
| Offense | Classification | Incarceration | Fine | Supervised Release | Additional Consequences |
|---|---|---|---|---|---|
| Aggravated Identity Theft (18 U.S.C. § 1028A) | Federal Felony | Mandatory 2 years consecutive | Up to $250,000 | Typically 1-3 years | Restitution to victims, permanent criminal record, loss of professional licenses. |
| Underlying Predicate Felony (e.g., Bank Fraud) | Federal Felony | Varies (e.g., up to 30 years) | Up to $1,000,000 | Typically 3-5 years | Asset forfeiture, severe financial penalties. |
Results may vary. Prior results do not aim for 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 over 120 years of combined legal experience to complex federal cases like aggravated identity theft. Our approach is built on a deep understanding of federal investigative tactics and courtroom procedure.
Documented Case Results
Our firm has a documented record of favorable outcomes in criminal defense cases. In Hanover County, we have secured dismissals and not-guilty verdicts for clients. For instance, our team achieved a “Not Guilty” verdict in Hanover General District Court for a client charged with failure to comply. Results may vary. Prior results do not aim for a similar outcome. Of Counsel attorney Matthew Greene, with over 30 years of experience including a former CPS contract, brings additional depth to our defense team on serious charges.
Aggravated Identity Theft Lawyer Near Hanover, VA
Our Richmond location serves clients facing federal charges in Hanover County. We are accessible via I-95 and I-295. We serve the communities of Mechanicsville, Ashland, Atlee, Beaverdam, and Doswell.
Law Offices Of SRIS, P.C.
Richmond Location — 7400 Beaufont Springs Dr, Suite 300, Rm 395, Richmond, VA 23225
Toll-Free: (888) 437-7747 | Local: (804)201-9009 | Local: (804) 977-0001
By appointment only. 24/7 phone consultations available.
FAQs: Aggravated Identity Theft Defense in Hanover
What makes identity theft “aggravated” under federal law?
It depends. Aggravated identity theft requires using someone else’s identification during and in relation to a specific predicate felony like bank fraud or wire fraud. Simple identity theft lacks this connection to a separate felony.
Can an aggravated identity theft lawyer get the mandatory 2-year sentence dropped?
Yes, but not at sentencing. The only way to avoid the mandatory sentence is to get the § 1028A charge dismissed before trial or to be found not guilty. A skilled theft attorney negotiates with prosecutors to drop the “aggravated” enhancement or challenges the evidence linking the identity use to the predicate felony.
What is the difference between state and federal identity theft charges?
State charges, handled by a larceny defense lawyer, are typically under Va. Code § 18.2-186.3 and tried in Hanover County Circuit Court. Federal charges are more severe, involve interstate commerce or federal agencies, and carry mandatory sentences. A property crime lawyer may handle state theft, but federal charges require a federal defense attorney.
If I’m only accused of using a fake ID, is that aggravated identity theft?
Not necessarily. Using a fake ID alone is often a state misdemeanor. An aggravated identity theft lawyer must analyze if the fake ID was used “during and in relation to” a separate federal felony. Without that felony link, the federal aggravated charge does not apply.
Should I speak to federal agents if they contact me about identity theft?
No. You have the right to remain silent and the right to an attorney. Politely decline to answer questions and immediately contact an aggravated identity theft lawyer. Anything you say can be used against you.
Related Legal Resources
If you are facing related state charges, you may need a Hanover County criminal defense lawyer. For broader federal defense, see our Virginia federal criminal lawyer hub page. We also assist clients in nearby jurisdictions like Henrico County.
Page last verified and updated: April 2026. Federal laws and procedures change. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current legal guidance regarding your specific case.