When is identity theft a federal crime?

In most cases, federal authorities will prosecute identity theft charges when an offense involves a sophisticated scheme, large amounts of money, or a scheme to facilitate terrorism or interstate or international drug trafficking. Offenses involving official identity documents, such as passports, government IDs, or birth certificates, will usually trigger federal prosecution. Identity theft schemes that occur across state lines or national borders or that affect interstate or foreign commerce will also result in federal prosecution. Offenses involving isolated acts of identity theft and small quantities of money will usually be left to state investigators and prosecutors.

What should I do if I’ve been arrested or accused of identity theft?

If you are facing identity theft charges, the first thing you should do is exercise your right to remain silent. Don’t try to talk your way out of an arrest or charge; you are much more likely to give investigators and prosecutors additional evidence to support the charges against you. You should also invoke your right to legal counsel, including the right to consult with an attorney before questioning to decide whether you wish to speak with investigators or prosecutors.

Federal Identity Theft Defense Attorney

New Jersey Identity Theft Lawyers Represent Individuals Facing Federal Charges of Identity Theft

Have you been indicted on federal identity theft charges? The federal government vigorously prosecutes identity theft crimes that involve significant financial losses or substantial numbers of victims. A conviction can carry serious penalties due to the long-lasting harm that victims of identity theft can suffer. You need experienced legal representation to help you stand up for your rights and interests as you face prosecution for identity theft. Let a federal identity theft defense attorney from Agre & St. John fight to secure a favorable outcome in your case.

Our attorneys have seven decades of combined legal experience in criminal law. Over the years, we’ve tried hundreds of cases to verdict as both prosecutors and defense lawyers. Our experience provides us with unique insight into how prosecutors prepare and pursue criminal cases, enabling us to develop tailored legal strategies aimed at securing great results for our clients. We won’t hesitate to take your case to trial when needed to assert your innocence and protect your freedom and reputation.

If you’ve been arrested and charged with identity theft, let the New Jersey identity theft lawyers at Agre & St. John advocate in your defense. Don’t leave your freedom and future to chance. Contact us today for a free initial case evaluation to discuss your options with our experienced legal team.

When facing federal charges, trust Agre & St. John's experienced attorneys to mount a vigorous defense and protect your rights in complex federal criminal cases. Call 856-454-8674 or complete our online contact form for a confidential consultation.

Federal Identity Theft Laws

The federal identity theft statute is contained in 18 U.S.C. s. 1028. The statute makes it illegal to knowingly and without lawful authority:

Produce an identification document, identification feature, or false identification document
Transfer an identification document, identification feature, or false identification document knowing that it was stolen or produced without lawful authority
Possess with intent to unlawfully use or transfer five or more identification documents, identification features, or false identification documents
Possess an identification document or identification feature not lawfully issued to the possession with intent to defraud the federal government
Produce, transfer, or possess a document-making device or authentication feature with the intent to use it to make false identification documents
Possess an identification document or authentication feature that appears to be one issued by the federal government, which is stolen or produced without lawful authority, or while knowing that it is stolen or produced without authority
Transfer, possess, or use without authority another person’s identification with intent to commit, aid, or abet any unlawful activity under federal or state law
Traffic in actual or false authentication features for use in creating false identification documents

Depending on the specifics of an identity theft offense, penalties for conviction can range from a maximum of one year in prison to a maximum of 15 years if the offense involves an identification document or authentication feature that appears to be one issued by the federal government, a birth certificate, a driver’s license, or a personal identification card. Penalties can increase to a maximum of 20 or 30 years in prison when identity theft is committed to facilitate drug trafficking, a crime of violence, or terrorism.

Don't face federal charges alone – schedule a confidential consultation with Agre & St. John's skilled defense team to understand your options and build a robust defense strategy.

A Federal Identity Theft Defense Attorney from Agre & St. John Will Fight to Protect Your Freedom and Reputation from Criminal Charges

When federal investigators and prosecutors get involved in an identity theft case, it usually means that the case involves significant numbers of victims or substantial financial losses. Both of these factors can lead to severe penalties and consequences in the event of a conviction. You need strong legal counsel to help you pursue a favorable resolution to your federal identity theft case. Let the New Jersey identity theft lawyers of Agre & St. John defend your rights and interests by:

Independently investigating the government’s allegations to secure evidence we can use to build an effective case strategy
Identifying potential legal and factual defenses available to you
Taking the time to sit with you to explain your charges, answer your questions, and prepare you for the criminal justice process so that you have the information and advice you need to make decisions for your best interests
Challenging the government’s case by moving to exclude inadmissible or unlawfully obtained evidence or to dismiss the charges for lack of sufficient evidence to bring you to trial
Fighting for the best possible outcome for you under the circumstances of your case, whether that involves negotiating with the prosecution for a favorable plea agreement, or advocating for you at trial if you choose to contest your charges

Contact Us for a Free Confidential Consultation to Discuss Your Charges with Our New Jersey Identity Theft Lawyers

Don’t wait to seek legal representation to face your criminal charges. Contact Agre & St. John today for a free consultation to speak with a federal identity theft defense attorney about your legal options for resolving your case.

Frequently Asked Questions About Identity Theft

In most cases, federal authorities will prosecute identity theft charges when an offense involves a sophisticated scheme, large amounts of money, or a scheme to facilitate terrorism or interstate or international drug trafficking. Offenses involving official identity documents, such as passports, government IDs, or birth certificates, will usually trigger federal prosecution. Identity theft schemes that occur across state lines or national borders or that affect interstate or foreign commerce will also result in federal prosecution. Offenses involving isolated acts of identity theft and small quantities of money will usually be left to state investigators and prosecutors.
If you are facing identity theft charges, the first thing you should do is exercise your right to remain silent. Don’t try to talk your way out of an arrest or charge; you are much more likely to give investigators and prosecutors additional evidence to support the charges against you. You should also invoke your right to legal counsel, including the right to consult with an attorney before questioning to decide whether you wish to speak with investigators or prosecutors.

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