Identity Theft Defense
Federal and state defense for identity theft and fraud charges
Identity theft charges are among the most aggressively prosecuted federal crimes. With mandatory minimum sentences for aggravated identity theft, these cases require experienced defense counsel who understands both the legal and technical aspects of digital identity crimes.
01Federal Identity Theft Statutes
Key federal identity theft laws include:
• 18 U.S.C. § 1028 - Fraud and related activity in connection with identification documents
• 18 U.S.C. § 1028A - Aggravated identity theft (mandatory 2-year consecutive sentence)
• 18 U.S.C. § 1029 - Fraud and related activity in connection with access devices
Aggravated identity theft adds a mandatory consecutive 2-year sentence to any predicate felony.
02Defense Approaches
Effective identity theft defense may focus on:
• Lack of knowledge that documents were stolen or fraudulent
• Absence of intent to defraud
• Constitutional challenges to evidence collection
• Challenging the identification of the defendant
• Negotiating charge reductions to avoid mandatory minimums
03Digital Evidence Issues
Identity theft cases often involve complex digital evidence:
• IP address attribution challenges
• Device forensics and chain of custody
• Third-party access to accounts or devices
• Spoofing and identity misattribution
• International jurisdiction issues
Facing Identity Theft Charges?
Every case is unique. Contact us for a confidential consultation to discuss your specific situation and learn how we can help.
Schedule ConsultationKey Cases
Flores-Figueroa v. United States
Knowledge requirement for § 1028A
United States v. Dubin
Scope of aggravated identity theft
Relevant Statutes
- 18 U.S.C. § 1028 - Identity Document Fraud
- 18 U.S.C. § 1028A - Aggravated Identity Theft
- 18 U.S.C. § 1029 - Access Device Fraud