Federal aggravated identity theft is a federal-level crime involving the fraudulent use of another person's identity. While this is a serious felony charge, a criminal defense attorney can help you understand it better and navigate it more effectively. In the meantime, you likely have a lot of questions on the subject. Here's what you should know about federal aggravated identity theft.

What You Need to Know Federal Aggravated Identity Theft

What qualifies as aggravated identity theft?

While there are a variety of thefts that fall under this category, they all relate to obtaining and using another person's identity for fraudulent activities, typically with the goal of financial gain. Additionally, they frequently involve U.S. government services or programs. For example, federal aggravated identity theft could include the theft of public money; bank, mail, and wire fraud; false statements made when acquiring a firearm; and impersonating an American citizen.

How are these cases proven?

If someone is accused of this identity theft, the prosecuting attorney must prove three main points. First, they must show that the defendant knowingly possessed or utilized the identification or identifying documents of another person. Second, they must establish that the defendant had no legal authority to access and use this information. Third, they need to present evidence that the fraud was committed in relation to additional felony charges that are detailed in the indictment.

What are the penalties?

A conviction comes with a minimum two-year sentence, which must run consecutively to any other sentence imposed. For instance, if a defendant is sentenced to two years for wire fraud, an additional two years must be added for the aggravated nature of the crime and its violation of federal law. Additionally, you might also have to pay heavy fines or restitution.

What are some possible defenses?

Unfortunately, no two cases are totally alike, so it's important to work closely with your attorney to design a customized defense. You might argue that you didn't obtain or use the identification unlawfully or with illegal intention or that you have been falsely accused. In some cases, an attorney might show that the evidence against you is insufficient to establish reasonable doubt, thereby calling into question your role in the crime.

If you've been charged with federal aggravated identity theft, J.P. Coleman Law, LLC, Attorneys at Law, can help. Since 2012, they have been serving the Baldwin County, AL, area. Their attorneys provide representation in criminal cases, family law issues, estate planning, and other legal matters. Call (251) 947-6247 to schedule a consultation, or visit them online to explore their services.