Last Updated on: 28th July 2023, 07:22 pm

Aggravated Identity Theft: More than Just a ‘Stolen Identity’

Hey, you know about identity theft, right? It’s that rotten trick that’s nailed millions of Americans and causes everything from money woes to reputational blight. Feels terrible, doesn’t it? What about when someone cranks it up and makes it aggravated identity theft? This is where the law dishes out a hefty blow.

Aggravated Identity Theft Unpicked

Alright, aggravated identity theft sounds scary, and well, it should. It’s a crime where an individual goes ahead and misuses another person’s identity, without any sort of permission, and then tethers that identity to the comet tail of a felony violation. Nasty stuff. So basically, it’s not your garden-variety identity theft because it goes a step further: it uses that stolen identity to commit further crimes.

Now, the government isn’t a fan of this behavior, and who can blame them? It beefed up laws against identity theft, a crime that managed to mess up 12 to 16 million Americans in 2012 alone [Source].

The Laws and Aggravated Identity Theft

Back in 1998, our friends at Congress came up with the Identity Theft and Assumption Deterrence Act. This birdie made it illegal to use another person’s ID info for any federal or local felony. But in 2004, Congress rolled up their sleeves and put forth 18 U.S.C. §: the sentence for the felony crime, a free added 2 years, and if it’s a terrorism-related offense, an extra five years tacked on. This sentence comes over and above the financial harm caused to the victim.

Why Seriously Worry about Aggravated Identity Theft?

Congress was worried that defendants who were ripping identities off weren’t getting appropriately punished for all the non-financial damage done to victims. So, aggravated identity theft, by law, carries a hefty extra term. For a guilty verdict, the government needs to prove identity theft happened, and a crime was committed using it.

But let’s say a person has another’s ID, but doesn’t use it. Did they commit a crime? Now, that can be a quandary. There isn’t a ton of legal history regarding this point, but sometimes a savvy lawyer, like our very own Todd Spodek at Spodek Law Group, could land an acquittal if there’s hardly any evidence linking the ID to a crime.

You Need Legal Sharks in Your Corner

If you’re faced with an identity theft accusation, it’s time to get a sharp legal mind on your side who knows the landscape of the law and how to map it to your situation. Enter Todd Spodek and the Spodek Law Group. Our folks are prepped to develop a gutsy strategy against identity theft accusations.

Successfully weathering federal charges needs a deep understanding of federal law and even more so, of how to use it to your advantage. We at Spodek Law Group have the expertise to safeguard your rights and chase the best possible outcome. A quick chat at 888-977-6335 or an email and we can line up a rendezvous at one of our offices in New York City, Los Angeles, or Miami. Oh, and we take credit cards.

Deciphering Federal Aggravated Identity Theft

Let’s chat about federal aggravated identity theft—it’s quite the legal beast, occuring when someone gets their hands on personal info, and then has a grand ol’ time engaging in illegal shenanigans. Things can get heavy with a list of crimes like bank fraud, wire fraud, mail fraud, public money theft, and more.

What Should Be Unveiled in a Federal Aggravated Identity Theft case

For a guaranteed conviction in a federal aggravated identity theft case, the folks on the side of the prosecution must prove certain factors beyond doubt. They need to show that the defendant knowingly transferred, possessed, or used the identity of someone else, without lawful authority, and during and in relation to the associated felony.

“Means of Identification” – What’s in a Name?

In legal circles, “means of identification” means any name or number that can be used, solo or coupled with other info, to track down a specific indivisual. That could be anything from a name, social security number, date of birth, and things like driver’s license numbers, passport details, and more.

The Fallout of a Conviction

A federal aggravated identity theft conviction can land you in a real mess. Like we said, a mandatory two years in prison, over and above any other sentences. So, if you’re found guilty of bank fraud and aggravated identity theft, you could well be behind bars for up to a full five years.

The Spodek Law Group – Your Ace Criminal Defense

If you ever see yourself charged with federal aggravated identity theft in Tampa, Florida, you’ll want some seriously experienced legal chaps in your corner. At Spodek Law Group, Todd Spodek and the team stand ready to offer the best defense money can buy.

We understand what it feels like to be under federal criminal charges; the stress can be overwhelming, which is why every case is treated personally and individually. We’ll put everything we have into protecting your rights and aiming for the absolute best possible outcome.

Don’t wait around to get the legal help you need; reach out to Spodek Law Group today to set up a chat with one of our experienced federal criminal defense lawyers.