Aggravated Identity Theft Lawyer New Kent Virginia — What Are Your Federal Defense Options?
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 charged in the Eastern District of Virginia, which includes New Kent County, you need a federal defense lawyer immediately. Law Offices Of SRIS, P.C. provides strong defense for federal charges. Call (888) 437-7747 for a 24/7 consultation by appointment.
Federal Statute for Aggravated Identity Theft
The federal crime of aggravated identity theft is defined under 18 U.S.C. § 1028A. This statute makes it a separate felony to knowingly use a means of identification of another person during and in relation to certain predicate felony crimes, such as bank fraud, wire fraud, or theft of public money. The key element is the use of another person’s identifying information—like a name, Social Security number, or credit card number—in connection with the underlying felony.
Last verified: April 2026 | Verify with lead attorney | Virginia General Assembly
Founded in 1997 by former prosecutor Mr. Sris, our firm has a background in handling complex financial and identity-related cases. Our experience with federal procedure is critical for building a defense against these serious charges.
Official Legal Resources
For the official text of the federal identity theft statute, see 18 U.S.C. § 1028A (Cornell Legal Information Institute). For information on the federal court serving New Kent County, visit the U.S. District Court for the Eastern District of Virginia website.
Local Federal Court Process for Identity Theft Charges
Federal identity theft cases from New Kent County are prosecuted by the U.S. Attorney’s Office for the Eastern District of Virginia (Richmond or Alexandria divisions). The investigation is typically led by a federal agency like the FBI, Secret Service, or Postal Inspection Service. A key procedural fact is that the mandatory 2-year sentence under § 1028A must run consecutively to the sentence for the underlying felony, significantly increasing total prison exposure.
- Initial Appearance & Arraignment: You will appear before a U.S. Magistrate Judge in Richmond or Norfolk for formal reading of charges and to enter a plea.
- Discovery & Investigation: Your defense lawyer will file for discovery of the government’s evidence, including forensic reports linking you to the identity used.
- Pre-Trial Motions: Critical motions may challenge the sufficiency of the indictment or seek to suppress evidence obtained improperly.
- Plea Negotiations: Given the mandatory sentence, negotiations often focus on reducing or dismissing the underlying predicate felony.
- Trial or Sentencing: If no plea is reached, the case proceeds to jury trial. A conviction triggers the mandatory consecutive sentence.
Penalties for Federal Identity Theft Crimes
In New Kent County, aggravated identity theft carries a mandatory 2-year federal prison sentence that must run consecutively to any other sentence imposed for the related felony.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Aggravated Identity Theft (18 U.S.C. § 1028A) | Federal Felony | Mandatory 2 years consecutive | Court discretion | N/A | Restitution to victims, felony record, loss of federal benefits |
| Underlying Predicate Felony (e.g., Bank Fraud) | Federal Felony | Varies by statute (e.g., up to 30 years) | Up to $1,000,000 | N/A | Asset forfeiture, supervised release |
Results may vary. Prior results do not aim for a similar outcome.
Our Experience with Federal and State Theft Cases
Law Offices Of SRIS, P.C. was founded in 1997 and brings over 120 years of combined legal experience to complex cases. While federal case results are specific to each defendant, our attorneys understand the severe stakes of aggravated identity theft charges. Our team includes former prosecutors and lawyers with deep knowledge of both federal and Virginia state courts. For state-level theft charges, our theft attorney team can provide defense in New Kent County General District Court. Our larceny defense lawyer handles charges like grand larceny under Va. Code § 18.2-95. We also defend against related state charges that may be filed alongside federal allegations.
Our firm’s collaborative approach means your case may also involve Of Counsel attorney Matthew Greene, who brings over 30 years of experience, including former death penalty certification and a 14-year contract with Child Protective Services in Alexandria, providing deep insight into complex case strategy.
Local Defense for New Kent County Federal Charges
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: (703) 636-5417
By appointment only.
Our Richmond location serves clients facing federal charges in New Kent County, with the federal courthouse accessible via I-64. As a federal criminal defense lawyer near New Kent, we provide 24/7 phone consultations at (888) 437-7747—meetings are by appointment only. We serve the communities of New Kent, Providence Forge, and Quinton.
FAQs: Aggravated Identity Theft Defense in New Kent
What makes identity theft “aggravated” under federal law?
It depends. The “aggravated” designation under 18 U.S.C. § 1028A applies when someone knowingly uses another person’s identity during and in relation to a specific predicate felony, like mail fraud or bank fraud. Simple identity theft without connection to such a felony is charged under a different statute.
Is the 2-year prison sentence mandatory for aggravated identity theft?
Yes. A conviction under 18 U.S.C. § 1028A carries a mandatory minimum sentence of 2 years in federal prison. This sentence must, by law, run consecutively (added on) to any sentence received for the underlying felony crime.
Can state charges be filed along with federal identity theft charges?
Yes. You could face parallel state charges in Virginia, such as credit card fraud (§ 18.2-195) or computer fraud (§ 18.2-152.3). A property crime lawyer from our firm can handle the state case while our federal team addresses the federal indictment, ensuring a coordinated defense.
What are common defenses to federal aggravated identity theft?
Defenses may include challenging the “knowing” use of the identity, arguing the use was not “during and in relation to” a predicate felony, or moving to suppress evidence from an illegal search. An experienced Aggravated Identity Theft Lawyer New Kent Virginia will analyze the evidence for constitutional violations or weaknesses in the prosecution’s case.
I’m also facing state shoplifting charges. Can you help?
Yes. Our firm provides full-spectrum defense. A shoplifting lawyer from our team can defend you in New Kent County General District Court on state charges, while we simultaneously manage your federal case, preventing state convictions from negatively impacting your federal sentencing.
Related Legal Help in New Kent County
If you are facing other charges, our firm provides full defense. You may need a DUI lawyer in New Kent or a family law attorney in New Kent. For all federal criminal matters in Virginia, see our Virginia federal criminal defense hub. We also assist clients in nearby jurisdictions like Henrico County and Chesterfield County.
Last verified: April 2026. Federal laws and procedures change. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance regarding your case as an Aggravated Identity Theft Lawyer New Kent Virginia.