Federal aggravated identity theft under 18 U.S.C. § 1028A carries a mandatory, consecutive 2 year sentence on top of any underlying offense making it one of the most punishing enhancements in the federal code. The FBI Los Angeles Field Office and Secret Service Los Angeles pursue identity theft cases aggressively in the U.S. District Court for the Central District of California. Your defense must begin at The Bulldog Los Angeles office immediately.
The Bulldog Law fights § 1028A charges by challenging the "use" requirement, attacking the "knowing" element, and contesting whether the underlying felony supports the enhancement.
What 18 U.S.C. § 1028A Requires
18 U.S.C. § 1028A prohibits knowingly transferring, possessing, or using, without lawful authority, a means of identification of another person during and in relation to certain enumerated felonies (including wire fraud, mail fraud, bank fraud, immigration violations, and others).
The mandatory 2 year consecutive sentence cannot be suspended, run concurrently, or reduced below 2 years not even by the sentencing judge. It stacks on top of whatever sentence is imposed for the underlying offense. Two § 1028A counts means a mandatory 4 year addition.
How The Bulldog Challenges FBI and Secret Service Evidence
The Supreme Court's decision in Flores Figueroa v. United States (2009) established that the government must prove the defendant knew the means of identification belonged to a real, actual other person not just that they used a fake or generic identity.
Knowledge is our primary battleground. In many identity theft cases involving counterfeit documents or data breaches, the defendant may not have known the specific identity elements belonged to a real individual. We exploit this requirement aggressively.
The "use" requirement is also contestable. Mere possession of another's identification does not satisfy § 1028A it must be used "during and in relation to" a qualifying felony. We challenge whether the identification was actually used in connection with the charged underlying offense.
Digital forensics evidence data found on computers, phones, and cloud storage must be obtained through lawful search and seizure. We challenge search warrant validity and digital forensics methodology in every case.
What to Do in the First 24 Hours After a Federal Identity Theft Arrest in Los Angeles
Federal identity theft arrests in Los Angeles often follow financial fraud investigations. You will be processed and transported to the Metropolitan Detention Center (MDC). Your initial appearance before a U.S. Magistrate Judge at the Central District Courthouse occurs within 24 hours.
Do not discuss the alleged transactions, documents, or any financial activity with investigators. Do not consent to searches of digital devices.
The Bulldog Law will fight for your release at the detention hearing and begin a comprehensive review of the government's digital forensics evidence from day one.
The Impact of § 1028A on Federal Sentencing
The 2 year mandatory consecutive addition fundamentally changes sentencing calculus in any case where § 1028A is charged. Even if the underlying offense carries a relatively short guideline range, the § 1028A add on ensures a substantial federal prison term. We fight to defeat the § 1028A count entirely, which is often the most impactful single victory we can achieve in federal fraud cases.
Frequently Asked Questions
What is the mandatory sentence for aggravated identity theft under 18 U.S.C. § 1028A?
18 U.S.C. § 1028A carries a mandatory 2 year consecutive sentence that cannot be suspended, reduced below 2 years, or run concurrently with any other sentence.
What does the government need to prove for § 1028A?
The government must prove knowing use of a means of identification belonging to a real other person, without lawful authority, during and in relation to a qualifying felony.
What is the Flores Figueroa defense in identity theft cases?
Flores Figueroa v. United States (2009) requires the government to prove the defendant knew the identity belonged to a real person. We challenge the knowledge element in every applicable case.
Can § 1028A charges be dismissed even if the underlying fraud charge stands?
Yes. The § 1028A enhancement has independent elements that must be proven separately. Defeating the § 1028A count eliminates the mandatory 2 year addition even if the underlying offense results in conviction.
What federal agencies investigate identity theft in Los Angeles?
The FBI Los Angeles Field Office and the U.S. Secret Service Los Angeles Field Office are the primary federal investigators of identity theft crimes in the Central District of California.
Facing charges in Los Angeles? The Bulldog Law fights for you relentlessly, in state and federal court. Visit our blog for more resources.