What is the Punishment for Aggravated Identity Theft? 18 USC 1028A

December 25, 2023

The Mandatory Sentence for Aggravated Identity Theft

Under 18 USC 1028A, a conviction for aggravated identity theft carries a mandatory two-year prison sentence, which must run consecutively to any other sentence imposed. For instance, if a defendant is convicted of wire fraud and receives a 12-month sentence, an additional conviction under 1028A would add 24 months, totaling 36 months of imprisonment.

The Possibility of a Reduced Sentence

However, there’s a caveat under 18 U.S.C. 3553(e) that may allow a judge to depart from this mandatory two-year consecutive sentence. This departure is contingent upon the government filing a 3553(e) motion with the court. Typically, a defendant must cooperate with the government to secure such a motion.

The Prevalence of Aggravated Identity Theft in Financial Crimes

Aggravated identity theft is commonly associated with crimes like wire fraud, bank fraud, and credit card fraud. In these cases, a defendant unlawfully uses another person’s personal identifying information without consent, exacerbating the severity of the offense.

Key Takeaway

The punishment for aggravated identity theft is stringent, reflecting the seriousness of the crime. However, the possibility of sentence reduction through cooperation, as outlined in 18 U.S.C. 3553(e), offers a path for defendants to potentially lessen their prison time, emphasizing the importance of legal strategy and government collaboration in these cases.

Contact an Experienced Federal Criminal Defense Lawyer

If you have been charged with aggravated identity theft, contact us today to schedule a consultation with an experienced Orange County federal crimes attorney.

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