Secure Your Future With A Federal Identity Theft Attorney
Facing federal identity theft charges is an unnerving experience, given the long-term consequences of a
conviction. The importance of retaining a seasoned federal identity theft lawyer can’t be overstated. At
Cofer Luster Law Firm, PC, we focus on federal criminal defense and can steer you through this difficult
time. Your rights, freedom, and future are at stake—don’t face the federal system alone. Speak directly
with a lawyer who has the experience and skills needed to represent you effectively. Call us today at
(682) 777-3336 or reach out to us online for an immediate consultation.
The Ins and Outs of Federal Identity Theft
If you find yourself entangled in a situation where you’re being investigated for fraudulent activities
related to identification documents or authentication features, understanding the federal laws that
govern these offenses is crucial. One significant law in this context is 18 U.S.C. § 1028. Below, our firm
aims to elucidate the various aspects of this law, its penalties, and circumstances that might aggravate
those penalties.
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What Does 18 U.S.C. § 1028 Cover?
18 U.S.C. § 1028 is a federal statute that criminalizes various activities related to identification
documents, authentication features, and information. The law targets people who knowingly produce,
transfer, or possess false identification documents or authentication features without lawful authority.
Types Of Offenses Covered
The statute covers a range of offenses, such as:
● Producing an identification document without lawful authority.
● Transferring stolen or unlawfully produced identification documents.
● Possessing five or more false identification documents with an intent to use them unlawfully.
● Using a false identification document with the intent to defraud the United States.
Penalties Under 18 U.S.C. § 1028
The penalties can vary widely depending on the circumstances and the nature of the offense. Generally,
the penalties can range from fines to imprisonment for up to 15 years. In certain circumstances, the
imprisonment term can extend to 20 or 30 years if the offense is committed to facilitate drug trafficking,
a crime of violence, or acts of terrorism.
Forfeiture Provisions
The statute also includes provisions for the forfeiture of any personal property used or intended to be
used in committing the offense.
Aggravating Circumstances
Several factors can aggravate the offense and increase the penalties:
● If the offense was committed to facilitate a drug trafficking crime.
● If the offense was committed in connection with a crime of violence.
● If the offender has prior convictions under this section.
Attempt And Conspiracy
The law covers not only those who commit these offenses but also those who attempt or conspire to
commit them. The penalties for attempts and conspiracies are the same as for the actual commission of
the offense.
Understanding Aggravated Identity Theft Under 18 U.S.C. § 1028a
What Is Aggravated Identity Theft?
Under the United States Code, Title 18, Crimes and Criminal Procedure, Part I, Crimes, Chapter 47, Fraud
and False Statements, Section 1028A specifically deals with aggravated identity theft. The law states that
anyone who knowingly possesses, uses, or transfers another person’s means of identification during and
in relation to a felony violation specified under subsection (c) of the same section shall be subjected to
an additional term of incarceration of 2 years.
The statute also addresses cases related to terrorism offenses. In such instances, the term of
imprisonment can be up to 5 years.
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What Is Aggravated Identity Theft?
Under the United States Code, Title 18, Crimes and Criminal Procedure, Part I, Crimes, Chapter 47, Fraud and False Statements, Section 1028A specifically deals with aggravated identity theft. The law states that anyone who knowingly possesses, uses, or transfers another person’s means of identification during and in relation to a felony violation specified under subsection (c) of the same section shall be subjected to an additional term of incarceration of 2 years.
The statute also addresses cases related to terrorism offenses. In such instances, the term of imprisonment can be up to 5 years.
Key Elements Of The Offense
Not Eligible for Probation
If convicted under this statute, the court shall not place the individual on probation.
Consecutive Sentencing
The term of imprisonment imposed for aggravated identity theft shall generally not run concurrently with any other term of imprisonment. In other words, you’ll serve this sentence separately from any other sentences for other crimes.
No Sentence Reduction
The court is not allowed to reduce the sentence for the felony that led to the aggravated identity theft charge to account for the additional 2-year imprisonment term.
Types Of Felonies Involved
Aggravated identity theft is not a standalone charge but is tied to other felony violations. These felonies range from theft of public money to false statements related to Social Security and various immigration offenses.
Some Potential Defenses To Federal Identity Theft Charges
Lack Of Knowledge Or Intent
A fundamental element in cases under 18 U.S.C. § 1028 is the accused’s intent or knowledge about the fraudulent activities. To secure a conviction, prosecutors must prove that the defendant knowingly committed the offense. Therefore, establishing that you lacked the required knowledge or intent can be a strong defense.
No Unlawful Purpose
Another key component in charges under 18 U.S.C. § 1028 is that the fraudulent ID must be produced, transferred, or used for an unlawful purpose. Arguing that you had no such unlawful intent can also serve as a defense. For example, if you had permission from the person whose identity you are accused of stealing, you might have a strong defense. Consent negates the unlawfulness of your actions. However, this defense may be complicated if the consent was obtained through deceptive practices.
Fourth Amendment Violations
Your defense could also rest on the legality of the evidence collected against you. If the law enforcement agencies violated your Fourth Amendment rights against unreasonable searches and seizures, evidence obtained as a result may be inadmissible in court. If you believe that the evidence against you was collected in violation of your Fourth Amendment rights, your attorney may file a motion to suppress the evidence, which could weaken the prosecution’s case.
A Leading Federal Criminal Defense Attorney For Identity Theft Cases
If you’re under investigation or facing charges for identity theft, taking immediate action is crucial. The stakes in federal cases are high, and you need a lawyer who can provide a vigorous defense. Cofer Luster Law Firm, PC offers unparalleled experience in federal criminal defense, including identity theft cases. With your freedom on the line, why would you settle for anything less? Consult with a lawyer from our firm to evaluate your legal options and start building a robust defense strategy. Contact us at (682) 777-3336 or visit us online to set up a consultation as soon as possible.
