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Federal Identity Theft Charges
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Federal Identity Theft: Aggravated Identity Theft Charges
Identity theft sounds like a property crime. But federal identity theft charges—especially Aggravated Identity Theft under 18 USC 1028A—carry mandatory minimum sentences that run consecutive to other charges. That means 2 years added to your sentence, no matter what. And it cant be reduced by good behavior or plea deals.
If your facing federal identity theft charges, you need to understand how these laws work and why aggravated identity theft is so dangerous.
Understanding Federal Identity Theft
18 USC 1028 – Basic Identity Fraud
This covers producing, transferring, or possessing fake identification documents or “means of identification” (Social Security numbers, driver’s licenses, etc.) with intent to commit fraud. Penalties: Up to 15-30 years depending on circumstances.
18 USC 1028A – Aggravated Identity Theft
This is the dangerous one. If you use someone else’s identification during and in relation to certain felonies (fraud, immigration violations, terrorism), you face:
2 years mandatory minimum – Must be served consecutive to other sentences
5 years mandatory minimum for terrorism-related offenses
The consecutive requirement is what makes this so serious. If you’re convicted of wire fraud (sentence: 3 years) plus aggravated identity theft, your total is 5 years minimum—not concurrent.
Common Scenarios
Using stolen SSNs for fraudulent tax refunds
Using others’ identities for credit applications
Creating fake IDs for financial fraud
Using patient information for healthcare billing fraud
Immigration document fraud
Defense Strategies
No “Use” of Identification
Aggravated identity theft requires “use” of identification. Merely possessing someone’s information isnt enough. The identification must be used in connection with the underlying crime.
Knowledge Challenge
Recent Supreme Court cases require proof you knew the identification belonged to a real person. Using a made-up SSN that happens to match someone real may not satisfy the knowledge requirement.
Not “In Relation To” Predicate Offense
The identity theft must be “during and in relation to” the underlying felony. If the connection is too attenuated, 1028A may not apply.
Challenging the Predicate
No predicate felony, no aggravated identity theft. If the underlying fraud charge fails, so does 1028A.
Act Now
The mandatory minimum nature of aggravated identity theft makes early intervention critical. These charges are often added to fraud cases as leverage—prosecutors use the mandatory consecutive sentence to pressure plea deals. Understanding your options requires experienced federal defense counsel.
Contact a federal criminal defense attorney immediately if your facing identity theft charges.