CENTRAL ISLIP, NY – September 03, 2026 – Individuals accused of aggravated identity theft in New York may face state charges, federal charges, or both, and the consequences can differ sharply depending on which law applies. Suffolk County criminal defense attorney Jason Bassett of the Law Offices of Jason Bassett, P.C. (https://jbassettlaw.com/aggravated-identity-theft-in-new-york/) has published guidance explaining how these charges are defined, what prosecutors must prove, and the defenses that may be available to those facing such allegations.
According to Suffolk County criminal defense attorney Jason Bassett, aggravated identity theft under New York Penal Law § 190.80-a is a narrow offense with specific elements. A person is guilty only when he or she knowingly and with intent to defraud assumes the identity of another person, while knowing that the impersonated individual is a member of the armed forces deployed outside the continental United States, and when more than $500 in value or financial loss is involved. “These cases hinge on very specific facts, and the deployed servicemember element and the dollar threshold are what separate this charge from other identity theft offenses,” explains Bassett.
Suffolk County criminal defense attorney Jason Bassett notes that New York treats identity theft in tiers, with aggravated identity theft sitting at the top alongside the first-degree offense. Aggravated identity theft is classified as a Class D felony, and if a court imposes a felony prison sentence for a Class D felony, the maximum term cannot exceed seven years. A felony fine may also apply, generally not exceeding the higher of $5,000 or double the defendant’s gain from the alleged conduct.
Attorney Bassett explains that federal exposure operates under a different framework. Under 18 U.S.C. § 1028A, the statute does not stand alone; it applies only when a person knowingly transfers, possesses, or uses another person’s “means of identification” without lawful authority, during and in relation to a qualifying federal felony. Those qualifying offenses, known as predicate offenses, include theft of public money, bank officer misconduct, embezzlement from employee benefit plans, and a broad range of fraud and false statement provisions.
The federal sentencing structure differs from most offenses because it carries a fixed term rather than a range. “Section 1028A imposes a mandatory 24-month term for a standard predicate felony, and that term must run consecutively to any other sentence,” Bassett points out. A more severe version applies when the identification is used in connection with certain national security offenses, carrying a mandatory 60-month term. The statute also prohibits the court from placing the defendant on probation under § 1028A(b)(1).
Bassett highlights an important distinction that is frequently misunderstood. While 18 U.S.C. § 1028 is the general identity fraud statute covering the production, transfer, or possession of false identification documents, § 1028A adds a separate mandatory sentence on top of the punishment for the underlying felony. Because that added sentence does not replace the punishment for the predicate offense, the charge can substantially increase a defendant’s total exposure.
Under the dual sovereignty doctrine, state and federal governments are treated as separate sovereigns, meaning a single course of conduct may result in charges under both New York Penal Law § 190.80-a and 18 U.S.C. § 1028A. Attorney Bassett observes that the same conduct, such as the alleged use of a deployed servicemember’s credit information in a scheme crossing state lines, can draw the interest of both Suffolk County prosecutors and federal authorities in the Eastern District of New York. “When state and federal authorities are both involved, coordinated defense strategy matters, because decisions in one forum can affect the other,” he says.
Regarding consecutive sentencing, Bassett explains that under § 1028A(b) the court must impose the term consecutively and cannot reduce the underlying felony sentence to offset it. A narrow exception exists under § 1028A(b)(4), which gives the court discretion to run multiple § 1028A counts concurrently with each other when a defendant is convicted of them at the same time.
The firm notes that several defenses may apply, including lack of knowledge or intent, authorization-related issues, unlawful searches, mistaken identity, and challenges to the predicate felony in federal cases. Bassett adds that the U.S. Supreme Court decisions in Flores-Figueroa v. United States and Dubin v. United States have narrowed the reach of § 1028A, requiring prosecutors to prove the defendant knew the identification belonged to a real person and that the misuse was central to what made the underlying offense criminal.
For those facing aggravated identity theft or related fraud allegations, contacting an experienced criminal defense attorney may help clarify the charges, evaluate the evidence, and identify potential defenses before any plea is discussed.
About Law Offices of Jason Bassett, P.C.:
Law Offices of Jason Bassett, P.C. is a Central Islip-based criminal defense firm serving clients throughout Suffolk County and Long Island in both state and federal criminal matters. Led by attorney Jason Bassett, a former Assistant District Attorney admitted to practice before the U.S. District Courts for the Eastern and Southern Districts of New York, the firm represents individuals facing serious identity theft, fraud, and federal criminal allegations. The office is located at 320 Carleton Ave # 4200, Central Islip, NY 11722. For consultations, call (631) 259-6060.
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Media ContactCompany Name: Law Offices of Jason Bassett, P.C.Contact Person: Jason BassettEmail: Send EmailPhone: (631) 259-6060Address:320 Carleton Ave # 4200 City: Central IslipState: New York 11722Country: United StatesWebsite: https://jbassettlaw.com/
