Aggravated Identity Theft Lawyer in Washington, Virginia — Federal Defense
Aggravated identity theft under 18 U.S.C. § 1028A is a serious federal felony requiring a mandatory 2-year prison sentence consecutive to any other sentence. If you are charged in Washington, Virginia, you need an experienced aggravated identity theft lawyer from Law Offices Of SRIS, P.C.
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 transfer, possess, or use a means of identification of another person during and in relation to certain predicate felony offenses, such as bank fraud, wire fraud, or theft of public money. The key distinction from simple identity theft is the mandatory sentencing enhancement.
Last verified: April 2026 | U.S. District Court for the Western/Eastern District of Virginia | Virginia General Assembly
Official Legal Resources
For the exact statutory language, review 18 U.S.C. § 1028A (Cornell Legal Information Institute). For local federal court procedures in the Western District of Virginia, which serves Washington County, consult the U.S. District Court for the Western District of Virginia website.
Defending Against Federal Aggravated Identity Theft Charges in Washington
Federal prosecutors in the Western District of Virginia pursue aggravated identity theft charges vigorously. A strong defense often hinges on whether the government can prove you knowingly used another person’s identity and that this use was connected to a specific underlying felony. An experienced theft attorney will scrutinize the evidence for weaknesses in these links.
- Initial Consultation & Case Review: Contact our firm immediately after learning of an investigation or charge. We will review all known facts and evidence with you.
- Investigation & Evidence Challenge: Our team, including former prosecutors, will conduct a thorough investigation, challenging the legality of evidence seizures and the strength of the government’s case.
- Pre-Trial Motions: We file motions to suppress illegally obtained evidence or to dismiss charges if the government fails to establish the necessary elements, particularly the “knowing” use of another’s identity.
- Negotiation & Strategy: We negotiate with the U.S. Attorney’s Office, seeking to have the § 1028A charge dropped or to secure a favorable plea agreement on the underlying felony to avoid the mandatory consecutive sentence.
- Trial Preparation: If a fair plea cannot be reached, we prepare a strong trial defense, focusing on creating reasonable doubt about your knowledge and intent.
Potential Penalties for Aggravated Identity Theft
In Washington, Virginia, a federal 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 (added on to) any sentence received 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 | Permanent criminal record, severe difficulty obtaining employment, housing, and professional licenses. |
Results may vary. Prior results do not aim for a similar outcome.
Why Choose Our Firm for Your Federal Identity Theft Defense
Founded in 1997 by former prosecutor Mr. Sris, Law Offices Of SRIS, P.C. brings over 120 years of combined legal experience to your defense. Our attorneys understand the high stakes of federal charges. Mr. Sris, who leads on complex federal matters, provides strategic oversight, ensuring every avenue for defense is explored. We have a documented record of achieving favorable outcomes for clients facing serious federal allegations.
Our Approach to Federal Identity Theft Cases
Our firm-wide track record across Virginia, Maryland, New Jersey, New York, and DC includes over 4,739 documented results with a 93%+ favorable outcome rate. In federal cases, a favorable outcome may mean having charges reduced or dismissed, or negotiating a sentence below the severe guidelines. For a property crime lawyer, these cases require meticulous attention to financial records and digital evidence. Our team, including attorney Matthew Greene who has over 30 years of experience and formerly held a contract with Child Protective Services, is skilled at building defenses that challenge the prosecution’s narrative.
Results may vary. Prior results do not aim for a similar outcome.
Local Federal Defense Serving Washington, Virginia
Law Offices Of SRIS, P.C.
Shenandoah/Woodstock Location — 505 N Main St, Suite 103, Woodstock, VA 22664
Toll-Free: (888) 437-7747 | Local: (703) 636-5417
By appointment only.
Our Shenandoah Valley office in Woodstock serves clients in Washington County and the surrounding I-81 corridor. Facing federal charges can feel isolating, but you have a dedicated aggravated identity theft lawyer Washington Virginia near you. We offer 24/7 phone consultations at (888) 437-7747, with meetings scheduled by appointment. We represent clients throughout Washington and surrounding communities.
FAQs About Aggravated Identity Theft Charges
What makes identity theft “aggravated” under federal law?
Yes. The “aggravated” designation applies when identity theft is committed during and in relation to specific predicate felonies listed in the statute, such as bank fraud or wire fraud. This triggers a mandatory two-year prison sentence that must be served consecutively to any sentence for the underlying crime.
Can the mandatory 2-year sentence be avoided?
It depends. The only way to avoid the mandatory consecutive sentence is for the government to drop the § 1028A charge. A skilled larceny defense lawyer may achieve this by demonstrating weaknesses in the case, such as a lack of evidence that you knowingly used another’s identity or that the use was connected to a qualifying felony.
How is this different from state identity theft charges?
State identity theft laws, like Virginia’s, carry variable penalties but no mandatory consecutive sentencing. Federal aggravated identity theft is prosecuted by U.S. Attorneys, involves stricter sentencing rules, and is often part of larger fraud investigations, making the consequences and defense strategy fundamentally different.
What should I do if I’m under federal investigation?
Immediately contact a federal defense attorney. Do not speak to investigators without counsel. An experienced shoplifting lawyer or property crime lawyer may not have the specific federal court experience needed. You need an attorney familiar with federal procedures and the U.S. Sentencing Guidelines to protect your rights from the outset.
What defenses are available?
Common defenses include challenging whether you knowingly used the identification, whether it belonged to a real person, and whether the use was “during and in relation to” a predicate felony. A lack of intent or mistaken identity can also form the basis of a strong defense.
For more information on related state charges, see our page on criminal defense in Washington, or explore our Virginia federal criminal defense hub. We also assist clients in nearby jurisdictions like Fairfax County.
Page Last verified: April 2026. Federal statutes and procedures are subject to change. The information provided is for general knowledge and does not constitute legal advice. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 for case-specific guidance.