Aggravated Identity Theft lawyer Somerset County, NJ

Aggravated identity theft under 18 U.S.C. § 1028A is a serious federal charge that adds a mandatory consecutive two‑year prison sentence to any sentence imposed for the underlying felony. In Somerset County, federal criminal cases are prosecuted by the United States Attorney’s Office for the District of New Jersey and litigated in the U.S. District Court in Newark, Trenton, or Camden. Mr. Sris and the firm’s Of Counsel attorneys represent individuals facing aggravated identity theft charges in Somerset County and throughout New Jersey. Because the federal system does not offer parole, a conviction under § 1028A extends the time a defendant actually serves beyond the sentence for the predicate offense, making an experienced federal defense attorney essential. Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., is a former prosecutor who has practiced in the federal courts since 1997. To discuss your case, call (888) 437‑7747. Law Offices Of SRIS, P.C. – Advocacy Without Borders.

Understanding Aggravated Identity Theft Charges in Somerset County

Aggravated identity theft is not a standalone crime; it is charged when a person knowingly uses the identification of another individual during and in relation to a felony offense listed in 18 U.S.C. § 1028A(c). Those felonies include federal crimes such as wire fraud, bank fraud, immigration document fraud, and false statements connected to terrorism. The statute’s mandatory consequence — a consecutive two‑year prison term — cannot be reduced by a judge, and the federal parole system has been abolished. In the District of New Jersey, the U.S. Attorney’s Office pursues aggravated identity theft cases actively, often alongside complex fraud, theft, or immigration conspiracies.

Federal investigations that lead to aggravated identity theft charges frequently involve multiple agencies, including the FBI, the Secret Service, and ICE. These investigations produce extensive digital records, forensic accounting, and witness testimony. A federal grand jury sitting in Newark, Trenton, or Camden returns an indictment, after which the case proceeds under the Federal Rules of Criminal Procedure. Pretrial issues such as detention, discovery disputes, and motions to suppress evidence can be pivotal. Given the federal conviction rate and the absence of parole, retaining counsel with specific federal‑court experience early in the process is critical.

How Mr. Sris and the Firm’s Of Counsel Attorneys Handle These Cases

From the earliest point — whether you have received a target letter, a subpoena, or an arrest warrant — the firm’s attorneys begin analyzing the government’s evidence and the viability of each charge. Aggravated identity theft requires the prosecution to prove that the defendant knowingly possessed or used a means of identification of another person and did so during and in relation to a qualifying felony. The firm scrutinizes the government’s proof on each element, including whether the identification belonged to an actual person, whether the defendant knew of the victim’s identity, and whether the underlying felony charge itself is supported.

In the U.S. District Court for the District of New Jersey, the firm’s Of Counsel attorneys appear at initial appearances, detention hearings, and status conferences. They handle plea negotiations with the U.S. Attorney, including potential cooperation agreements and sentence‑reduction motions under the U.S. Sentencing Guidelines. When the case goes to trial, the team prepares cross‑examinations of federal agents and expert witnesses. The firm’s focus is on building a detailed defense strategy tailored to the particular facts, while keeping the client informed at each stage of the federal criminal process.

About Mr. Sris and the Firm’s Of Counsel Attorneys

Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., is a former prosecutor with experience in criminal trial work. He founded the firm in 1997 and is admitted to practice in Virginia, Maryland, the District of Columbia, New Jersey, and New York. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). The firm’s Of Counsel attorneys bring experience across a wide range of federal criminal defense matters and appear regularly in the U.S. District Court for the District of New Jersey. Together, they work with clients to pursue favorable outcomes. The collective experience of the firm’s attorneys, combined with Mr. Sris’s prosecutorial background, informs a realistic, thorough approach to every case.

Frequently Asked Questions

What is the difference between aggravated identity theft and ordinary identity theft?

Aggravated identity theft under 18 U.S.C. § 1028A requires the use of another person’s identification during the commission of a qualifying federal felony, while ordinary identity theft under 18 U.S.C. § 1028 does not have that felony‑connection requirement. The critical difference is that a conviction for aggravated identity theft carries a mandatory consecutive two‑year prison sentence added to the sentence for the underlying felony. Ordinary identity theft may result in a sentence up to 15 years but does not compel a consecutive term. Federal prosecutors in New Jersey often charge both statutes together when the facts support a predicate felony.

What are the penalties for aggravated identity theft in federal court?

The statute mandates a two‑year prison term to be served consecutively to any other sentence imposed for the related felony. The underlying felony can carry its own substantial prison sentence under the U.S. Sentencing Guidelines, and the two‑year addition is non‑discretionary. The federal system does not provide parole, so an individual convicted will serve at least 85% of the total sentence before any good‑time credit. Fines, restitution, and supervised release may also be imposed.

How is a federal aggravated identity theft case different from a state identity theft case?

Federal cases are prosecuted by the U.S. Attorney in U.S. District Court under federal rules, while state cases are handled by county prosecutors under New Jersey criminal statutes. The federal system uses advisory sentencing guidelines, has no parole, and often involves multi‑agency investigations. State identity theft cases in New Jersey can result in prison time but generally do not carry the same mandatory consecutive sentencing structure found in § 1028A. An attorney experienced in federal court understands the distinct procedural and evidentiary landscape.

Do I need a lawyer if I am under investigation for aggravated identity theft?

Yes. Any federal investigation is a serious matter, and having an attorney early can protect your rights. Before charges are filed, counsel may be able to communicate with investigators, present exculpatory evidence, and influence whether the government pursues an indictment. Delaying can limit those options, as statements made to agents without an attorney present can be used against you. Even if you have not been arrested, you should contact a federal criminal defense lawyer immediately.

What should I do if I am charged with aggravated identity theft?

Contact an attorney immediately and refrain from discussing the case with anyone except your lawyer. Do not speak with law enforcement, fellow defendants, or family members about the facts. Your attorney will advise you on how to respond to the charges, whether to cooperate with prosecutors, and what steps to take regarding bail. Prompt legal advice can also help preserve potential defenses that might otherwise be prejudiced by delay.

Can aggravated identity theft charges be reduced or dismissed?

Charges may be reduced or dismissed if the evidence does not support each element of the offense. For example, if the government cannot prove that the defendant knowingly used another’s identity or that the underlying felony is viable, a charge reduction or dismissal may be possible. In other cases, cooperation or plea agreements can lead to dismissal of the aggravated identity theft count in exchange for a plea to a lesser offense. Each case depends on its specific facts and the strength of the government’s evidence.

Additional pages that may be helpful:
Hunterdon County federal criminal defense |
Morris County federal criminal defense |
Bergen County federal criminal lawyer |
Monmouth County federal criminal defense |
Sussex County federal criminal lawyer

Attorney advertising. Prior results do not guarantee a similar outcome. Attorney responsible for this advertising: Mr. Sris. Results may vary.

Case results depend on a variety of factors unique to each case.