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Aggravated Identity Theft Defense Lawyers in Texas

Federal identity theft charges are increasingly common in the Northern District of Texas, and they carry consequences that extend far beyond the identity theft offense itself. The most dangerous charge is aggravated identity theft under 18 U.S.C. §1028A, which adds a mandatory 2-year consecutive sentence to any underlying federal felony. This sentence is stacked on top of whatever sentence the defendant receives for the primary offense — it cannot run concurrently, cannot be reduced, and cannot be avoided unless the government agrees to drop the count. This sentencing structure makes aggravated identity theft one of the most powerful prosecutorial tools in the federal system. At Deandra Grant Law, Attorney James Lee Bright leads our defense in federal identity theft cases. Lee’s 25+ years of federal trial experience give him a deep understanding of how prosecutors use aggravated identity theft as leverage and how to counter that strategy.

Federal Identity Theft Statutes

• 18 U.S.C. §1028 — Identity Fraud. Covers production, transfer, or use of false identification. Penalties range from 5 to 25 years.
• 18 U.S.C. §1028A — Aggravated Identity Theft. Mandatory 2-year consecutive sentence; 5 years for terrorism. The Supreme Court’s Dubin v. United States (2023) narrowed this statute, requiring use of another’s identity to be “at the crux” of the criminal conduct.
• 18 U.S.C. §1029 — Access Device Fraud. Credit/debit card fraud, counterfeit or stolen access devices. 10 to 20 years.
• 18 U.S.C. §1030 — Computer Fraud and Abuse Act (CFAA). Often charged alongside identity theft when computer intrusion was used to obtain personal information.

How Federal Identity Theft Cases Arise

• Financial fraud schemes — using stolen information to open accounts, file fraudulent tax returns, obtain loans.
• Healthcare fraud — using patient identities for fraudulent insurance claims.
• Immigration-related offenses — using another’s Social Security number for employment authorization.
• Data breach cases — obtaining information through computer intrusion.
• Drug trafficking — using false identities for properties, bank accounts, or communication devices.
• Tax fraud — filing fraudulent returns using stolen Social Security numbers.

How We Challenge the Government’s Evidence

The Knowledge Requirement Both §1028 and §1028A require proof that the defendant knowingly used the means of identification of another real person. A defendant who used a fabricated Social Security number without knowing it belonged to a real person has not committed aggravated identity theft. Lee examines the government’s evidence of knowledge carefully, because the knowledge element is often the weakest part of the prosecution’s case. Digital Evidence and Device Attribution We work with experts who allow us to evaluate whether devices were properly imaged, whether the government can prove the defendant used the device or account, whether IP evidence is being misused to identify a person rather than a connection, whether malware or unauthorized access was present, and whether the methodology meets accepted standards. The Dubin Standard: “At the Crux” In Dubin v. United States (2023), the Supreme Court significantly narrowed aggravated identity theft by requiring that the use of another’s identity be “at the crux of what makes the conduct criminal.” Incidental use of another’s identity during a different crime may not qualify. Lee evaluates every case against the Dubin standard to determine whether the charge is legally supported. Challenging the Underlying Felony Aggravated identity theft requires an underlying specified federal felony. If that charge falls, the identity theft charge falls with it. Our strategy addresses both as an integrated whole.

Federal Sentencing: The Consecutive Sentence Problem

The mandatory 2-year consecutive sentence gives prosecutors enormous leverage in plea negotiations. Lee understands this dynamic and develops defense strategies that address the leverage imbalance, including challenging the legal sufficiency of the charge under Dubin and other precedent.

Lead Attorney: James Lee Bright

James Lee Bright is one of the most experienced federal criminal defense attorneys in the Dallas-Fort Worth area, with more than 25 years of practice focused on federal criminal cases.

• Juris Doctor, University of Tennessee College of Law (1996)
• M. in International Law, SMU Dedman School of Law (2003) — Phi Delta Phi honor fraternity
• Admitted to all four U.S. District Courts in Texas (Northern, Eastern, Southern, and Western Districts)
• Admitted to the U.S. District Court for the District of Columbia
• Admitted to the U.S. Court of Appeals for the Fifth Circuit
• Admitted to the United States Supreme Court
• Three-month federal trial in the District of Columbia — brought national prominence, covered by legal and news organizations worldwide
• President, Dallas Criminal Defense Lawyers Association (2010–2011)
• Super Lawyers® (2021–2024)
• D Magazine Best Lawyers — multiple appearances

Facing Federal Identity Theft Charges? Contact Us Immediately.

Contact Deandra Grant Law for a free, confidential consultation with Attorney James Lee Bright. We serve clients in the Northern, Eastern, Southern, and Western Districts of Texas, the District of Columbia, and the Fifth Circuit Court of Appeals. Call (214) 225-7117 or schedule an appointment online.