You probably understand identity theft, which involves the unauthorized use of another person’s identifying information. A conviction can result in serious consequences, including imprisonment.
Aggravated identity theft is a more serious crime and its potential penalties can be extremely harsh.
What is aggravated identity theft?
Defined under 18 U.S. Code § 1028A, aggravated identity theft is a federal offense also involving the unauthorized transfer, possession or use of another’s identification. The charge becomes aggravated when a stolen identity is then used in connection with the commission of a felony offense.
Examples of felony crimes that can lead to aggravated identity theft charges include:
- Bank fraud
- Immigration violations
- Mail and wire fraud
- Social Security fraud
- Tax fraud
- Credit card fraud
Since these crimes involve using stolen personal information to deceive and defraud citizens or government offices, they will almost certainly result in aggravated charges.
How is it punished?
The penalties for aggravated identity theft are stringent. A conviction can lead to a mandatory two-year sentence for this offense alone. Further, the sentence must be served consecutively to any other punishment imposed for the associated felony.
If the identity theft is connected to a terrorism-related offense, the mandatory sentence increases to five years. A defense strategy focused on avoiding conviction is essential.
Here are some options to consider:
- Demonstrating that you were mistakenly identified as the perpetrator
- Showing there was no intent to commit a felony with a stolen identity
- Questioning the validity or sufficiency of the associated evidence
Your immediate and long-term future are at risk when facing these charges. Experienced legal guidance can help you tip the scales of justice in your favor.
