Aggravated Identity Theft lawyer Maryland, MD

You received a target letter from the United States Attorney’s Office for the District of Maryland. Federal investigators have accused you of knowingly using another person’s identification in connection with a federal felony. You now face a charge of aggravated identity theft under 18 U.S.C. § 1028A, an offense that carries a mandatory consecutive two-year prison term—stacked on top of any sentence for the underlying felony. This is not a state-level allegation. It is a federal prosecution with no parole, advisory sentencing guidelines, and a conviction rate that consistently exceeds 90 percent. At Law Offices Of SRIS, P.C., Mr. Sris and the firm’s Of Counsel attorneys represent individuals across Maryland who have been charged with aggravated identity theft in U.S. District Court. Call (888) 437‑7747 to request a consultation. Law Offices Of SRIS, P.C. – Advocacy Without Borders.

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Defense Strategy for Aggravated Identity Theft Cases

An aggravated identity theft charge under 18 U.S.C. § 1028A requires proof that the defendant knowingly used, possessed, or transferred a means of identification of another person during and in relation to a felony enumerated in the statute. A key defense often turns on whether the government can establish the defendant knew the identification belonged to a real person. Case law, including Flores‑Figueroa v. United States, places a substantial burden on the prosecution: it must prove the defendant knew the identifying information actually belonged to another individual, not merely that it was fabricated. Mr. Sris and the firm’s Of Counsel attorneys challenge the evidence at every stage—from the grand jury testimony through pre‑trial motions and, if necessary, trial. They examine whether law enforcement obtained evidence in compliance with the Fourth Amendment, whether the government can link the identification to a real person, and whether the underlying felony charge is viable. Early engagement, often before an indictment is returned, allows the defense to shape the investigation and explore whether the case can be resolved short of a conviction on the aggravated count.

What to Expect in a Maryland Federal Criminal Case

Federal cases in Maryland are prosecuted in the U.S. District Court for the District of Maryland, which operates out of two divisions: the Baltimore Division (101 W. Lombard Street) and the Greenbelt Division (6500 Cherrywood Lane). The U.S. Attorney’s Office assigns Assistant U.S. Attorneys who work alongside federal agencies such as the FBI, Secret Service, Postal Inspection Service, or IRS‑Criminal Investigation. A typical aggravated identity theft matter begins with an investigation that may include search warrants, subpoenaed records, and witness interviews. Once charges are brought—usually by indictment—the defendant is arraigned, and the court sets conditions of release. Pretrial motion practice often focuses on suppression of evidence, discovery disputes, and challenges to the indictment. Plea negotiations occur against the backdrop of the mandatory two‑year consecutive sentence; federal prosecutors cannot drop the aggravated count without approval from their chain of command. If the case proceeds to trial, a jury must find every element beyond a reasonable doubt. Sentencing, if convicted, occurs months later and is governed by the advisory Federal Sentencing Guidelines.

Penalty Overview – Aggravated Identity Theft

Under 18 U.S.C. § 1028A(a)(1), a person convicted of aggravated identity theft “shall, in addition to the punishment provided for such felony, be sentenced to a term of imprisonment of 2 years.” That term must run consecutively to the sentence for the underlying offense. No parole exists in the federal system. A defendant must serve at least 85 percent of the imposed sentence before becoming eligible for good‑time credit. Beyond incarceration, the court may order restitution, forfeiture, and supervised release following the prison term. The underlying felony—for example, bank fraud, wire fraud, or access‑device fraud—carries its own potential sentence, often measured in years based on the loss amount and other factors under the Guidelines. The compounding effect of a mandatory minimum, the inability to receive probation on the aggravated count, and the federal system’s high conviction rate make an active, early defense essential.

About Mr. Sris and the Firm’s Of Counsel Attorneys

Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has practiced law since 1997. A former prosecutor, Mr. Sris is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York, and has handled federal criminal matters in the U.S. District Court for the District of Maryland. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). The firm’s Of Counsel attorneys include professionals with prior federal and state prosecution experience and a thorough understanding of how federal cases are built. Together, they provide clients facing aggravated identity theft charges with counsel that is grounded in actual trial practice, not theoretical advice. Because the firm does not employ associates or partners, each matter receives focused attention from attorneys who have spent their careers in criminal litigation. To discuss your case, call (888) 437‑7747.

Frequently Asked Questions

What is aggravated identity theft under federal law?

Aggravated identity theft is a federal crime that occurs when a person knowingly uses, possesses, or transfers another person’s means of identification during and in relation to certain federal felonies. The statute, 18 U.S.C. § 1028A, does not require that the defendant be the one who originally stole the identity; it is enough that they used a real person’s identification in connection with a covered offense, such as mail fraud, wire fraud, bank fraud, or immigration violations. The government must prove the defendant knew the identification belonged to an actual person. This statute is often charged alongside the underlying felony, adding a mandatory two‑year prison term that runs consecutively.

What are the penalties for aggravated identity theft in a Maryland federal court?

A conviction under 18 U.S.C. § 1028A carries a mandatory, consecutive two‑year sentence of imprisonment. This term must be served in addition to, and after, the sentence for the underlying felony. There is no parole, and federal good‑time credit reduces a sentence only after 85 percent of the imposed term is served. The court may also impose a term of supervised release, fines, restitution, and forfeiture. Because the two‑year term cannot be suspended or run concurrently, it fundamentally alters the sentencing landscape in any federal case.

How does a federal aggravated identity theft case proceed in Maryland?

A case typically starts with an investigation by a federal agency, followed by a grand jury indictment or, less often, a criminal complaint. The initial appearance and arraignment occur at the U.S. District Court in Baltimore or Greenbelt. After arraignment, the defense and prosecution engage in discovery and pretrial motions. Plea negotiations may continue throughout. If no resolution is reached, the case goes to trial before a federal district judge and a jury. Sentencing occurs several months after conviction. Throughout the process, the government is represented by an Assistant U.S. Attorney; the defense attorney must be admitted to practice in the federal district court.

Can I be convicted of aggravated identity theft if I did not know the ID was stolen?

It depends on whether you knew the identification belonged to a real person. Under Flores‑Figueroa v. United States, the Supreme Court held that the government must prove the defendant knew the means of identification was that of another actual person, not merely that it was false. If you reasonably believed the information was fabricated—for example, a made‑up Social Security number—you may have a viable defense. However, the government can use circumstantial evidence to prove knowledge, so every case turns on its specific facts.

Do I need a lawyer if I am under investigation but not yet charged?

Yes, engaging counsel early is the single most important step you can take. Federal prosecutors often build cases for months before seeking an indictment. An attorney can communicate with the investigating agency, present evidence that may dissuade charges, and negotiate for a pretrial resolution that avoids an aggravated identity theft count. Once an indictment is returned, the mandatory two‑year sentence becomes a hard floor, so early intervention can materially affect the outcome. To discuss your situation, call (888) 437‑7747 to request a consultation.

How do I choose a federal defense attorney in Maryland?

Look for an attorney who is admitted to practice in the U.S. District Court for the District of Maryland, has experience with the Federal Sentencing Guidelines, and is familiar with the local practices of the U.S. Attorney’s Office. Federal practice differs significantly from state court; rules of procedure, discovery, and sentencing are distinct. Mr. Sris and the firm’s Of Counsel attorneys appear regularly in the Baltimore and Greenbelt divisions and understand the strategic considerations unique to federal aggravated identity theft prosecutions. For a full statutory breakdown, see our comprehensive analysis on srislawyer.com.

If you are facing aggravated identity theft charges, contact Law Offices Of SRIS, P.C. Today. Call (888) 437‑7747 to schedule a consultation. The firm’s Rockville location serves clients throughout Maryland, including Montgomery County, Prince George’s County, Howard County, Anne Arundel County, and Frederick County.

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Last reviewed: July 2026

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Law Offices Of SRIS, P.C. — 199 E. Montgomery Avenue, Suite 100, Room 211, Rockville, MD 20850 — (888) 437‑7747 — By appointment only.

Case results depend on a variety of factors unique to each case.