Aggravated Identity Theft Lawyer New Jersey — What Are Your Federal Defense Options?
Aggravated identity theft under 18 U.S.C. § 1028A is a federal felony in New Jersey carrying a mandatory 2-year prison sentence consecutive to any other sentence. Law Offices Of SRIS, P.C. provides defense for individuals charged with this serious crime. Our team understands the complex federal statutes and procedures in New Jersey’s U.S. District Courts. We offer 24/7 phone consultations to discuss your case.
Federal Aggravated Identity Theft Statute in New Jersey
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 any felony violation enumerated in the statute, such as mail fraud, bank fraud, or certain immigration offenses. The key distinction from simple identity theft is the mandatory nature of the penalty.
Last verified: April 2026 | New Jersey U.S. District Court | New Jersey Legislature
Official Legal Resources
For the full text of the federal statute, see 18 U.S.C. § 1028A (Cornell Legal Information Institute). For information on the federal court process in New Jersey, visit the U.S. District Court for the District of New Jersey website.
Understanding the Federal Process in New Jersey
Federal aggravated identity theft cases in New Jersey are prosecuted in the U.S. District Court for the District of New Jersey, which has vicinages in Newark, Trenton, and Camden. The prosecution is led by Assistant U.S. Attorneys, and the process moves under the Federal Rules of Criminal Procedure. A conviction triggers a mandatory sentence that must run consecutively to any sentence for the underlying felony.
- Initial Appearance & Arraignment: You will appear before a U.S. Magistrate Judge, be informed of the charges, and enter a plea.
- Discovery & Pre-Trial Motions: Your attorney will review all evidence (discovery) from the government and may file motions to challenge the admissibility of evidence or the validity of the charges.
- Plea Negotiations: Your attorney may negotiate with the U.S. Attorney’s Office for a potential plea agreement, which could involve dismissing the § 1028A charge or agreeing to a specific sentence for the underlying felony.
- Trial: If no plea agreement is reached, the case proceeds to a jury trial in U.S. District Court.
- Sentencing: If convicted at trial or by plea, sentencing occurs before a U.S. District Judge, who must impose the mandatory consecutive 2-year term.
Penalties for Aggravated Identity Theft in New Jersey
In New Jersey, a federal conviction for aggravated identity theft under 18 U.S.C. § 1028A carries a mandatory prison term of 2 years, which must run consecutively to any sentence imposed 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 | Mandatory federal conviction; severe impact on immigration status, professional licenses, and firearm rights. |
Results may vary. Prior results do not aim for a similar outcome.
Our Experience with Federal Identity Theft Cases
Founded in 1997 by former prosecutor Mr. Sris, Law Offices Of SRIS, P.C. brings a combined 120+ years of legal experience to federal defense. Our firm-wide track record includes over 4,739 documented case results with a favorable outcome rate exceeding 93%. We approach federal identity theft cases with a focus on challenging the government’s evidence on the “knowingly” and “in relation to” elements required for conviction under § 1028A.
Case Results in Federal Matters
Our firm has a documented history of handling complex federal charges. While every case is unique, our strategic approach focuses on thorough investigation and aggressive advocacy. For instance, in federal cases involving overlapping fraud allegations, our attorneys have successfully negotiated resolutions that avoided mandatory minimum sentences.
Results may vary. Prior results do not aim for a similar outcome.
Contact Our New Jersey Federal Defense Team
Our New Jersey location serves clients across all 21 counties. We are accessible for individuals facing federal charges in Newark, Trenton, Camden, and throughout the state.
Law Offices Of SRIS, P.C.
New Jersey Location — 51 JFK Parkway, 1st Floor West
Short Hills, NJ 07078
Toll-Free: (888) 437-7747 | Local: (609)-983-0003 | Local: 856-291-6150
By appointment only.
24/7 Phone Consultations — (888) 437-7747 — Meetings by appointment only.
Frequently Asked Questions
Do I need a criminal lawyer in New Jersey, NJ?
Yes. Criminal cases in New Jersey require experienced legal representation. SRIS has documented case results across NJ with over 93% favorable outcomes. Consultation by appointment — (888) 437-7747.
What is the difference between identity theft and aggravated identity theft?
Aggravated identity theft is a specific federal crime that requires the use of someone else’s identity during the commission of certain other felonies, like bank or mail fraud. The key difference is the mandatory 2-year prison sentence that must be served consecutively to the sentence for the underlying felony, making the guidance of a seasoned theft attorney essential.
Can state charges for theft become a federal aggravated identity theft case?
It depends. If the alleged theft involves elements like using stolen identification across state lines, defrauding a federally insured bank, or using the mail/U.S. wires, federal agencies like the FBI or Secret Service may take over the case, elevating it to a federal matter that requires a larceny defense lawyer with federal experience.
What should I look for in a criminal lawyer in New Jersey, NJ?
Look for documented case results, courtroom experience in New Jersey courts, and a track record in criminal matters. SRIS has 4,739+ documented case results and former prosecutors on staff. Consultation by appointment — (888) 437-7747.
Are defenses available for aggravated identity theft?
Yes. Potential defenses include lack of knowledge that the identification belonged to another real person, or that the use was not “in relation to” a predicate felony. A skilled property crime lawyer can analyze the evidence to challenge the prosecution’s case on these specific legal elements.
If I’m also facing unrelated shoplifting charges, how does that affect my federal case?
Unrelated state charges, like those that would be handled by a shoplifting lawyer, are typically prosecuted separately in state court. However, a federal judge may consider your overall conduct at sentencing. It is crucial to have coordinated defense counsel who can manage both proceedings.
Last verified: April 2026. Information updated as of this date. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.
An aggravated identity theft case is one part of fraud & financial crimes work, and our page on bank fraud lawyer New Jersey covers the wider process.