What is aggravated identity theft?

The government estimates that over 10 million Americans become the victim of a stolen identity and these crimes are often difficult and time consuming to prosecute. With the advances in technology, the Internet has become a breeding ground for criminals who hack into systems and steal people’s social security and credit card numbers. In October 1998, the United States Congress passed the Identity Theft and Assumption Deterrence Act to address the rampant problem of identity theft throughout the nation. This legislation makes it a federal crime when any individual knowingly transfers or uses the identity of another person with the intention of committing a crime.

Federal Laws & Enhanced Penalties

On July 15, 2004, President Bush signed into law the Identity Theft Penalty Enhancement Act, increasing the existing penalties and establishing mandatory penalties for the crime of aggravated identity theft. This offense is defined as anyone who uses a stolen identity to commit the following crimes:

• Mail fraud
• Acts of terrorism
• Immigration fraud (if the defendant knew the stolen id belonged to a real person)

These criminal offenses carry a mandatory sentence of two years. However, anyone convicted of using or providing false identification to assist terrorists will end up in with an additional five years in the federal pen.

State Laws May Have Harsher Sentences

Many states have enacted their own version of identity theft laws and the penalties vary widely depending upon the nature of the crime. While some jurisdictions prosecute these offenses as misdemeanors, most carry a felony penalty resulting in a minimum of ten years in state prison and fines ranging from $50,000 to $100,000. If the value of goods stolen exceeds $100,000, a felony conviction is punishable by up to 30 years in state prison without the possibility of probation.

Serious Crimes Require a Legal Expert

Lawmakers and the general public are fed up with crimes involving stolen identities. Victims often end up in financial ruin and are never able to recover from the damage done. Prosecutors throughout the nation are giving these cases top priority and often seek the maximum penalties allowed by law. Defendants who are charged with a serious criminal offense will need the assistance of a defense attorney that is experienced in handling these types of crimes. Contact a lawyer in your area today to find out how they can help your case.