Being accused of federal aggravated identity theft in Illinois is a serious matter with potentially severe consequences. It’s crucial to understand the defense strategies that can be employed. At Edward Johnson & Associates P.C., we handle these cases with the dedication and attention they deserve, ensuring that our clients receive a fair trial and the best possible outcome.
Understanding Aggravated Identity Theft
Aggravated identity theft, under 18 U.S.C. § 1028A, involves knowingly transferring, possessing, or using, without lawful authority, a means of identification of another person in connection with certain felony offenses. In Illinois, the identity theft statute, 720 ILCS 5/16-30, aligns with federal laws, but the penalties and definitions can vary slightly. Understanding these nuances is crucial in mounting a robust defense.
Potential Legal Defense Strategies in Identity Theft Cases
When defending against federal aggravated identity theft charges, it’s essential to build a comprehensive defense strategy tailored to the specifics of your case. Here are some detailed steps and considerations:
1. Challenge the Evidence – The prosecution must prove beyond a reasonable doubt that you knowingly used another person’s identity without their consent. By meticulously examining the evidence, we can identify inconsistencies, gaps, or procedural errors that can weaken the prosecution’s case.
2. Intent and Knowledge – A critical element of aggravated identity theft is proving intent. We focus on demonstrating that you did not knowingly engage in identity theft. This might involve presenting evidence of mistaken identity, lack of knowledge, or unintentional actions.
3. Violation of Rights – During investigations, law enforcement must adhere to strict protocols. Any violation of your constitutional rights, such as unlawful searches and seizures or improper interrogations, can be grounds for suppressing evidence or dismissing charges.
4. Consent – In some cases, the alleged victim may have consented to the use of their identity, or there might have been a misunderstanding regarding the authorization. We gather and present evidence to support this defense.
5. Alibi and Witness Testimonies – Providing a solid alibi or witness testimonies can significantly bolster your defense. We work tirelessly to gather credible witnesses and evidence that corroborate your version of events.
6. Negotiation and Plea Bargains – While our primary goal is to achieve an acquittal, sometimes negotiating a plea bargain can result in reduced charges or lighter penalties. We assess the situation and advise you on the best course of action.
Frequently Asked Questions About Aggravated Identity Theft Laws
What constitutes aggravated identity theft under federal law?
Aggravated identity theft involves using another person’s identifying information without their permission in connection with certain felonies, such as fraud, immigration violations, or terrorism. The key element is the use of identification knowingly and in connection with another crime.
How do federal and Illinois laws differ regarding identity theft?
Federal law, specifically 18 U.S.C. § 1028A, mandates a mandatory two-year prison sentence for aggravated identity theft, which must be served consecutively to any other sentence. Illinois law, under 720 ILCS 5/16-30, also addresses identity theft but includes a broader range of penalties depending on the offense’s severity and the victim’s age.
Can I face both federal and state charges for identity theft?
Yes, it is possible to be prosecuted under both federal and state laws for identity theft. Federal charges often apply when the crime crosses state lines or involves federal institutions, while state charges might apply to localized incidents.
What are some common defenses against identity theft charges?
Common defenses include lack of intent, consent from the alleged victim, mistaken identity, and constitutional violations during the investigation. Each case is unique, so it’s vital to consult with an experienced defense attorney to explore all possible defenses.
What should I do if I am charged with aggravated identity theft?
If you find yourself charged with aggravated identity theft, the first and most crucial step is to contact a defense attorney immediately. Avoid discussing your case with anyone other than your attorney, and gather any documents or evidence that might support your defense. The sooner you seek legal advice, the better your chances of a favorable outcome.
Call Our Federal Aggravated Identity Theft Defense Lawyer In Chicago For a Free Case Review
Are you or a loved one facing federal aggravated identity theft charges? Do not fight your criminal charges without our experienced legal representation. At Edward Johnson & Associates P.C., we are committed to providing you with the legal support and guidance you need. Contact our federal aggravated identity theft defense lawyer in Chicago at Edward Johnson & Associates P.C. by calling 708-762-8666 to receive your free consultation. Together, we can build a strong defense and work towards the best possible outcome for your case.