NYC Aggravated Identity Theft Lawyer
Aggravated Identity Theft Lawyer in New York City
Being charged with any criminal offense in the courts of the United States is a serious matter. But there are certain federal crimes — such as aggravated identity theft — which present an even greater concern because, upon conviction, they require that a sentence be imposed consecutively to any other sentence handed down for other crimes of conviction. Worse still, for crimes like aggravated identity theft, federal courts are instructed that they may not reduce their sentences for the other crimes of conviction to account for the mandatory consecutive punishment which they must impose for this category of offense. What this all means is that a conviction for aggravated identity theft is to be avoided at all costs. If you’re facing these types of charges you must contact an experienced NYC aggravated identity theft lawyer right away.
When federal agents investigating allegations of aggravated identity theft pay you a visit, or if you have been charged in federal court with the crime of aggravated identity theft, you must benefit from hiring the very best NYC federal criminal defense attorney that you can afford. What must occur in order to avoid prison in any case where aggravated identity theft is charged is a dismissal of that charge or an agreement to a lesser or alternative offense that does not carry a mandatory minimum sentence. NYC aggravated identity theft lawyer Fred Sosinsky has been fighting these and similar white collar fraud cases for more than 30 years. Over that time, Fred has successfully resolved many investigations and prosecutions involving claims of aggravated identity fraud in ways that have avoided arrest and conviction or reduced or eliminated incarceration.
What is Aggravated Identity Theft?
A person commits aggravated identity theft under federal law when he or she knowingly possesses, uses, or transfers without lawful authority, a means of identification of or identification document of another person during and in relation to their commission of another fraud-based predicate felony.
A person may also commit aggravated identity theft when he or she produces, possesses, or transfers a document-making device or an authentication feature with the intent to use it in the production of a false identity document. As used in the aggravated identity theft statute, an identification document means a document made or issued by or under the authority of the U.S, state, local or foreign government, or by a sponsoring entity of a special event of national significance.
Sentencing for Aggravated Identity Theft
Aggravated identity theft is punishable by exactly two years in federal prison to be imposed consecutively — meaning in addition to — whatever sentence is imposed for the underlying crime(s) also committed. Because aggravated identity theft carries with it this mandatory punishment, the focus for sentencing in these cases turns to the other crimes of conviction. It is the court’s sentence for those other predicate crimes which will determine how much more than the mandatory twenty-four months for aggravated identity theft a person will have to serve in prison.
Notably, the law prohibits a sentencing court from lowering the sentence to be imposed for those other crimes in order to offset the mandatory two-year consecutive sentence it must impose for aggravated identity theft. What this means is that the judge may not explicitly reduce a sentence, for example, for wire or bank fraud, based upon a belief that the twenty-four-month sentence it is mandated to impose for aggravated identity theft provides sufficient overall punishment for a person’s crimes. The law does allow for a concurrent sentence to be imposed only for additional counts of aggravated identity theft which a defendant may be convicted of.
There Are Defenses to Aggravated Identity Theft
First, in order to sustain a charge of aggravated identity theft, the government must prove beyond a reasonable doubt that the accused had knowledge that the identification document or information actually was of a real person. That person need not still be living, however. If there are doubts raised about knowledge that the items pertained to an actual person, an NYC aggravated identity theft lawyer can assert successful defenses.
Second, there may be issues involving the linking or identification of the accused with the transactions at the heart of the governments’ case. Where appropriate, forensic experts may be retained in an effort to explore the opportunity which others — in addition to the accused — may have had to commit the crime and just what the forensic footprint demonstrates.
Third, a defense of good faith or lack of fraudulent intent will serve as a complete defense to charges of aggravated identity theft in New York.
Speak With An NYC Aggravated Identity Theft Lawyer Today
Given the high-stakes nature of an aggravated identity theft prosecution, it is important that you receive the highest level of representation possible. To speak with a top-shelf NYC aggravated identity theft lawyer, give Fred Sosinsky a call and begin to plan a winning strategy.