Miami Identity Theft Lawyers

Legal Representation for Identity Theft and Aggravated Identity Theft Charges

Identity theft is a serious federal crime with life-altering consequences. Under 18 U.S.C. § 1028, it occurs when someone unlawfully uses another person’s identifying information—such as a Social Security number, credit card details, or bank account information—without consent to commit fraud or gain financial benefits. When this crime is linked to another felony, it can escalate to aggravated identity theft under 18 U.S.C. § 1028A, which carries mandatory prison sentences.

Federal prosecutors aggressively pursue identity theft cases, especially those involving digital transactions, online fraud, or large-scale financial schemes. Convictions can lead to steep fines, asset forfeiture, and significant prison sentences. Aggravated identity theft carries a mandatory two-year sentence on top of the penalties for the underlying crime. Given the severity of these charges, securing experienced legal representation is crucial.

At Hager & Schwartz, P.A., we recognize the complexities of federal identity theft cases and the impact these allegations can have on your future. Whether you're facing charges due to a misunderstanding, mistaken identity, or an alleged digital transaction, our Miami identity theft defense attorneys are ready to fight for you. 

Contact us for a free, confidential consultation.

Understanding Federal Identity Theft Charges

Federal identity theft is a serious crime that involves unlawfully obtaining, using, or distributing another person’s identifying information for fraudulent purposes. Under 18 U.S.C. § 1028, this offense includes producing, transferring, or possessing false identification documents, using stolen personal data, or creating fraudulent documents to deceive the U.S. government or financial institutions. Federal prosecutors regard identity theft as a significant offense, especially when it causes economic loss, disrupts government operations, or facilitates further criminal activities.

Examples of Federal Identity Theft Crimes

Identity theft occurs in many forms, from financial to government benefits fraud. 

Some examples include:

• Using another person’s Social Security number to open a credit line, apply for loans, or secure employment.
• Credit card fraud, where stolen account details are used to make unauthorized purchases or withdraw funds.
• Falsifying identification documents, such as driver’s licenses, passports, or immigration papers, to assume another identity.
• Medical identity theft involves fraudulently accessing healthcare services using another person’s insurance information.
• Tax fraud, including filing a fraudulent tax return under another person’s name to claim refunds illegally.

How Federal Agencies Investigate Identity Theft

Due to identity theft's complex and often digital nature, multiple federal agencies are involved in investigating it. The Federal Bureau of Investigation (FBI), Secret Service, and Internal Revenue Service (IRS) collaborate to track fraudulent activity, identify perpetrators, and gather evidence for prosecution.

• The FBI utilizes cybercrime units and forensic analysis to uncover large-scale identity theft rings.
• The Secret Service, initially tasked with combating counterfeit currency, also investigates financial crimes, including identity fraud schemes affecting banking institutions.
• The IRS aggressively pursues tax-related identity theft cases, in which stolen Social Security numbers are used to claim tax refunds fraudulently.

These agencies utilize advanced investigative techniques such as digital forensics, financial transaction tracking, and undercover operations to construct strong cases against suspected offenders. Because identity theft frequently crosses state lines and affects multiple victims, federal jurisdiction enables severe penalties and vigorous prosecution.

What Is Aggravated Identity Theft?

Aggravated identity theft is a more serious federal offense than standard identity theft, and those convicted of it must serve mandatory prison time. Under 18 U.S.C. § 1028A, a person commits aggravated identity theft when they knowingly use another individual’s identity without lawful authority while committing or attempting to commit a separate felony. 

Unlike general identity theft, which can involve a range of fraudulent activities, aggravated identity theft specifically ties the misuse of personal information to another federal crime, resulting in heightened penalties.

Key differences between identity theft and aggravated identity theft include the following:

• Identity theft (18 U.S.C. § 1028) involves the unlawful possession, use, or transfer of someone’s personal information for fraud.
• Aggravated identity theft (18 U.S.C. § 1028A) occurs when identity theft is committed in connection with a felony, triggering additional penalties, including a mandatory two-year consecutive prison sentence (meaning it is added on top of the punishment for the underlying felony).

Examples of Aggravated Identity Theft

Because aggravated identity theft must be tied to another federal offense, it often arises in cases involving financial fraud, immigration violations, or other serious crimes. 

Some examples include:

• Embezzlement: Using another person’s Social Security number or banking details to siphon funds from an employer or financial institution.
• Firearm purchases: Applying for a firearm using stolen identity information to bypass background checks.
• Fraud and false statements: Using another person’s identity to secure government benefits, tax refunds, or fraudulent loans.
• Mail, bank, or wire fraud: Creating fake accounts in another person’s name to conduct unauthorized financial transactions.
• Immigration and visa fraud: Assuming another identity to enter or remain in the United States unlawfully.
• Passport and citizenship violations: Submitting fraudulent documents to obtain a U.S. passport or citizenship under a false identity.

Identity Theft Charges and Penalties

Federal identity theft offenses carry serious consequences, with penalties that may include substantial fines and lengthy prison sentences. Because these crimes often involve financial fraud, government deception, or other federal offenses, they are prosecuted vigorously.

Penalties for Identity Theft (18 U.S.C. § 1028)

Under 18 U.S.C. § 1028, identity theft includes various fraudulent activities, ranging from the unauthorized possession of identification documents to illegal production or transfer. 

Standard identity theft can result in up to 15 years in federal prison and substantial fines.

Federal prosecutors seek the maximum penalties for individuals accused of large-scale fraud or identity theft that results in significant financial harm.

Penalties for Aggravated Identity Theft (18 U.S.C. § 1028A)

Under 18 U.S.C. § 1028A, using another person’s identity while committing a different felony results in mandatory sentencing enhancements, which means additional prison time that cannot be waived or reduced.

If convicted of aggravated identity theft, you will receive a two-year prison term, served consecutively to the sentence for the underlying felony. The time must be added to any other penalties imposed.

If the aggravated identity theft is linked to a federal terrorism offense, the additional sentence increases to five years, reflecting the heightened national security concerns.

The Long-Term Impact of an Identity Theft Conviction

A conviction for identity theft or aggravated identity theft can have lasting consequences beyond imprisonment and fines. A federal felony record can make finding employment, obtaining financial aid, or securing professional licenses difficult. Additionally, non-U.S. citizens convicted of identity theft may face deportation or other immigration repercussions.

Defenses Against Identity Theft Charges

Being accused of identity theft can feel overwhelming, especially with federal prosecution looming. However, a charge does not mean a conviction. Depending on the case details, several legal defenses can be used to contest identity theft allegations. We carefully analyze the prosecution’s case, examine the evidence, and formulate a strategic defense to protect your rights.

Lack of Intent

To secure a conviction, the prosecution must prove that the defendant knowingly used another person’s identity with the intent to defraud, deceive, or cause harm. If the use of another’s personal information was accidental, unintentional, or done without fraudulent purposes, the charges may not hold. For example, mistakenly using a relative’s Social Security number on a document without malicious intent could serve as a defense.

Mistaken Identity

In some cases, individuals are wrongfully accused due to clerical errors, misidentification, or the complexities of digital transactions. Identity theft investigations often rely on electronic records, which can sometimes be inaccurate or misinterpreted. If the prosecution’s case is built on faulty evidence linking the accused to fraudulent activity, a skilled white collar defense attorney can challenge the validity of the claims.

False Accusations

It is not uncommon for individuals to be framed or wrongfully accused of identity theft by someone else—whether a disgruntled acquaintance, an employer, or even the perpetrator trying to shift blame. In some cases, identity theft occurs within personal relationships, where access to personal information is shared, leading to disputes over who used the data and for what purpose. Our criminal attorneys work to uncover inconsistencies in the accusations and present evidence that supports your innocence.

Insufficient Evidence

The burden of proof in federal identity theft cases lies entirely with the prosecution, which must establish beyond a reasonable doubt that a crime occurred and that the defendant committed it. If the evidence is weak, circumstantial, or lacks direct proof of wrongdoing, the case may not stand up in court. By challenging the credibility of witness statements, the validity of forensic data, and any gaps in the prosecution’s argument, a defense attorney can work toward a dismissal or reduced charges.

Violation of Constitutional Rights

Federal investigations into identity theft often involve search warrants, electronic surveillance, and financial record audits. If law enforcement officials conduct an illegal search or seizure, fail to obtain a proper warrant, or coerce a confession through unlawful interrogation tactics, the defense can file a motion to suppress improperly obtained evidence. If successful, this can weaken or even dismantle the prosecution’s case.

How a Miami Identity Theft Defense Lawyer Can Help

Federal identity theft charges can carry severe penalties, including prison time, fines, and long-term damage to your reputation. At Hager & Schwartz, P.A., we thoroughly investigate the evidence, challenge the prosecution’s claims, and develop personalized defense strategies to pursue case dismissals, acquittals, or reduced charges. As former prosecutors, we understand how federal cases are built. We use this knowledge to expose weaknesses in the government’s case, dispute questionable evidence, and negotiate favorable plea deals when necessary.

With a proven track record in defending identity theft and financial crime cases, we provide aggressive legal representation tailored to your unique situation. We have the experience to fight for your rights.

Contact us for a confidential consultation and take the first step toward protecting your future.