Aggravated Identity Theft is a serious crime under Federal law carrying a mandatory minimum sentence of 2 years in prison. It is defined as the unauthorized use of a means of identification. It has been interpreted to include incidents where a person uses another persons means of identification even with that other persons permission.
Are you facing a Federal criminal investigation, have you received a “target letter” from an Assistant United States Attorney or a Federal Grand Jury Subpoena, had a Federal Search Warrant executed at your work or home, or actually been arrested by Federal authorities?
At Houlon Berman, we have over 50 years of experience representing clients in criminal matters in Maryland and the District of Columbia. We take pride in the results we get for our clients.
Our Managing Partner, Richard A. Finci, has many years of experience defending Federal identity theft criminal cases and is well-known for defending clients before the United States District Court in Greenbelt, Baltimore and the District of Columbia.
Every criminal charge has elements which the Government must prove to the jury beyond a reasonable doubt. The jury must reach a unanimous decision, and the jurors must presume that you are innocent unless proven guilty.
If you are charged with Aggravated Identity Theft, the elements of the offense, each of which the Government must prove beyond a reasonable doubt, are:
(1) the Defendant knowingly transferred, possessed, or used another person’s [means of identification] [identification documents];
(2) without lawful authority; and
(3) during and in relation to [the eligible felony alleged in the indictment].
The eligible felony in these cases is usually some form of Fraud but we have seen other bases for these offenses such as Immigration or tax cases.
At Houlon Berman, we focus on establishing your defense by attacking each element of the offense, by investigating and attacking the credibility of the witness and the evidence against you and by investigating and proving any affirmative defenses that may be available to you.
Of course, it is well known that many cases end in plea agreements. If your cases is one in which a plea agreement is desirable or otherwise offers you real options that cannot be ignored, at Houlon Berman, we will fight to obtain the best possible plea agreement for you, explain everything that goes into obtaining such an agreement, and make sure that you are fully comfortable with the decisions you will need to make.
Expertise in and understanding of the United States Sentencing Guidelines is critically important in the defense of any Federal Criminal identity theft charge. Richard Finci has been a member of the Maryland Commission on Criminal Sentencing Policy appointed by the Governor of Maryland since 2004 (which focuses on State Law), has attended many seminars on the Federal Sentencing Guidelines and is an expert in the analysis and application of those Sentencing Guidelines as well as in the tactics and strategy to reduce the sentencing guidelines which you face in your case.