Aggravated Identity Theft Lawyer in Loudoun County, Virginia — 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. If you are charged in Loudoun County, your case is likely in the U.S. District Court for the Eastern District of Virginia. Law Offices Of SRIS, P.C. provides defense for this serious charge. Call (888) 437-7747 for a 24/7 consultation.
Federal Statute for Aggravated Identity Theft
Aggravated identity theft is defined under federal law at 18 U.S.C. § 1028A. This statute makes it a separate crime to knowingly transfer, possess, or use, without lawful authority, a means of identification of another person during and in relation to certain enumerated felony violations. These predicate felonies include many theft, fraud, and immigration offenses. The key distinction from simple identity theft is the mandatory sentencing enhancement.
Last verified: April 2026 | U.S. District Court for the Eastern District of Virginia | Federal legislature URL
The firm was founded in 1997 by former prosecutor Mr. Sris, whose background in accounting and information systems provides a distinct advantage in complex financial and identity crime cases.
Official Legal Resources
For the official text of the federal aggravated 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.
Loudoun County Federal Court Process for Identity Theft Charges
Federal identity theft cases in Loudoun County are prosecuted by the U.S. Attorney’s Office for the Eastern District of Virginia (Alexandria Division). The investigation is typically led by federal agencies like the FBI, Secret Service, or Homeland Security Investigations. A key procedural fact is that the mandatory 2-year sentence under § 1028A must run consecutively to any sentence for the underlying felony, significantly increasing total prison time.
- You are arrested or receive a target letter from a federal agency.
- An initial appearance and arraignment are held at the federal courthouse in Alexandria.
- The court holds a detention hearing to determine if you will be released on bond.
- Your attorney reviews extensive discovery from the government, including financial records and digital evidence.
- Pre-trial motions are filed, often challenging the sufficiency of the indictment or seeking to suppress evidence.
- If no plea agreement is reached, the case proceeds to a jury trial.
Federal Penalties for Aggravated Identity Theft
In federal court, a conviction for aggravated identity theft under 18 U.S.C. § 1028A carries a mandatory sentence of 2 years in federal prison, which 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 | Court discretion | Typically 1-3 years | Mandatory federal prison; permanent felony record; severe immigration consequences. |
| Underlying Predicate Felony (e.g., Wire Fraud, Bank Fraud) | Federal Felony | Varies by statute (often 20+ years max) | Up to $250,000+ | Typically 3-5 years | Restitution orders; asset forfeiture. |
Results may vary. Prior results do not aim for a similar outcome.
Firm Authority in Federal and Complex Criminal Defense
Law Offices Of SRIS, P.C., founded in 1997, brings over 120 years of combined attorney experience to federal criminal defense. The firm’s founder, Mr. Sris, is a former prosecutor with a background in accounting and information systems, which is critical for dissecting the financial and digital evidence central to identity theft cases. The firm’s collaborative approach pairs deep federal court knowledge with specific case strategy.
Case Results and Defense Approach
While specific results for federal aggravated identity theft in Loudoun County are not publicly listed due to the sensitive nature of federal cases, the firm’s attorneys, including Of Counsel Matthew Greene with over 30 years of experience including federal defense, employ a multi-faceted strategy. This includes attacking the “during and in relation to” element of § 1028A, challenging the knowledge requirement, and negotiating with prosecutors to reduce or drop the mandatory consecutive charge.
Results may vary. Prior results do not aim for a similar outcome.
Law Offices Of SRIS, P.C.
Ashburn Location — 20130 Lakeview Center Plaza, Room No. 403, Ashburn, VA 20147
Toll-Free: (888) 437-7747 | Local: 571-279-0110 | Local: (703) 554-3533
By appointment only.
Our Ashburn location serves clients facing charges at federal court in Alexandria. We represent individuals in Loudoun County communities including Ashburn, Leesburg, Sterling, and Purcellville. As an aggravated identity theft lawyer near Loudoun County, we offer 24/7 phone consultations at (888) 437-7747. Meetings are by appointment only.
Frequently Asked Questions
What makes identity theft “aggravated” under federal law?
It depends. Identity theft becomes “aggravated” under 18 U.S.C. § 1028A when the misuse of someone else’s identification occurs “during and in relation to” a specific predicate felony, such as bank fraud, wire fraud, or immigration offenses. The “aggravated” designation triggers a mandatory 2-year prison sentence that must be served consecutively to the sentence for the underlying crime.
Can an aggravated identity theft charge be dropped?
Yes. An experienced theft attorney can work to get charges dropped or reduced by challenging the evidence that links the identity theft to a predicate felony, proving a lack of knowledge, or negotiating a plea to the underlying charge without the § 1028A enhancement. Early intervention is critical.
What should I do if I’m contacted by federal agents about identity theft?
Do not speak to them without a lawyer. Politely state you wish to exercise your right to remain silent and your right to an attorney. Then, immediately contact a federal criminal defense lawyer. Anything you say can be used against you, and agents are trained to obtain incriminating statements.
What is the role of a larceny defense lawyer in an identity theft case?
A larceny defense lawyer focuses on theft crimes. In an identity theft case, this experience is vital because the underlying predicate felony is often a theft or fraud offense. They can attack the government’s case on the underlying charge, which can undermine the entire aggravated identity theft accusation.
How is federal aggravated identity theft different from state charges?
Federal charges involve longer sentences, no parole, and are prosecuted by U.S. Attorneys with vast resources. State charges, which a property crime lawyer might handle, are typically prosecuted in county courts under state laws like Va. Code § 18.2-186.3, with different penalties and procedures.
I was accused of using a stolen credit card. Is that aggravated identity theft?
It depends on the context. Using a stolen credit card can be simple credit card fraud. However, if it was done “during and in relation to” another felony—like defrauding a bank—it could be charged as aggravated identity theft. A shoplifting lawyer may handle the retail theft, but this federal charge requires a attorney.
Internal Links: For related defense services, see our Virginia Criminal Defense hub page, or learn about other local legal matters like DUI defense in Loudoun County. For defense in neighboring areas, our Fairfax County federal criminal lawyer can also assist.
Page Last verified: April 2026. Federal laws and procedures change. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current legal guidance regarding your aggravated identity theft case in Loudoun County, Virginia.