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Federal Identity Theft and 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

Deandra Grant Law – Criminal & DWI Defense Helps Residents across Texas with Criminal Defense Matters – Including: Allen , Arlington, Belton, Cleburne, Collin County, Dallas, Denton, Fairview, Fort Worth, Frisco, Gainesville, Granbury, Hood County, Johnson County, Lewisville, Little Elm, McKinney, Park Cities, Parker County, Plano, Princeton, Richardson, Rockwall, Rowlett, Royse City, Southlake, Sunnyvale, The Colony, Waco, and Weatherford.

Mistakes to Avoid After an Arrest in Dallas, TX

If you’ve been arrested for a crime in Dallas, Texas, you may feel overwhelmed and confused. It’s a difficult time, and it’s easy to make mistakes that could harm your case. At Deandra Grant Law, we are here to help guide you through the legal process and ensure that your rights are protected. Below are some common mistakes people make after an arrest and how you can avoid them.

Talking to Police Without a Lawyer

One of the most common mistakes people make after being arrested is talking to the police without a lawyer present. You may feel pressured to explain yourself or “clear up” the situation, but anything you say can be used against you in court. It’s important to remember your right to remain silent. Even if you feel like you have nothing to hide, it’s best to speak to an experienced lawyer before saying anything to the police. How We Can Help: At Deandra Grant Law, our Texas Identity Theft Lawyers can ensure you understand your rights and help you navigate interactions with law enforcement. We will advise you on when to speak and when to stay silent, protecting your case from potential harm.

Not Hiring an Experienced Criminal Defense Lawyer

Trying to handle your criminal case without an attorney can lead to serious consequences. Even if the charges seem minor, an experienced criminal defense lawyer can help you avoid costly mistakes. Without legal knowledge, it’s difficult to know the full scope of potential penalties or legal options available to you. How We Can Help: Our team at Deandra Grant Law is skilled in defending clients facing all types of charges, including identity theft and other crimes. We have the experience needed to guide you through your case, build a strong defense, and pursue the best possible outcome for your situation.

Ignoring Court Dates and Deadlines

Missing a court date or important deadline can have serious consequences, including additional charges or even a bench warrant for your arrest. It’s vital to stay on top of all court appearances, hearings, and legal deadlines. Ignoring these responsibilities can complicate your case and make it harder to achieve a favorable result. How We Can Help: We will ensure that you never miss a court date or legal deadline. Our team at Deandra Grant Law will handle the scheduling and make sure you are fully prepared for each step in the legal process. We’ll keep you informed and remind you of important dates, reducing the chance of any errors.

Agreeing to a Plea Deal Without Understanding the Consequences

Many people mistakenly accept a plea deal without fully understanding the consequences. Plea deals may seem like an easy way to get the case over with, but they can have long-term effects on your criminal record and future. It’s important to consider all factors before agreeing to any deal. How We Can Help: At Deandra Grant Law, we will carefully review any plea deal offered to you and help you understand the full implications. If it’s not in your best interest, we will fight for a better outcome, whether that means negotiating a more favorable deal or taking your case to trial.

Not Gathering Evidence or Witnesses

Sometimes, people forget to collect important evidence or contact witnesses who could help their case. Gathering evidence early on is crucial to building a strong defense. If you have any evidence, whether physical or digital, or know of any witnesses who can support your side of the story, it’s important to gather this information as soon as possible. How We Can Help: Our team knows how to gather and preserve evidence that can help your defense. Whether it’s through interviews, reviewing security footage, or collecting documents, Deandra Grant Law will make sure all critical evidence is secured and used in your defense.

Focusing Only on the Criminal Charges

After an arrest, it’s easy to focus only on the criminal charges themselves. However, it’s important to consider the broader picture, such as the impact on your job, family, or future. Criminal charges can have far-reaching consequences, and you should not overlook these aspects while dealing with your case. How We Can Help: At Deandra Grant Law, we take a holistic approach to criminal defense. We understand the impact criminal charges can have on your life beyond the courtroom. We will work with you to minimize the personal, professional, and financial consequences of an arrest, helping you move forward with your life.

Texas Identity Theft Lawyers Client Story

This client story is for educational purposes only. Eric never thought it would happen to him. He was just going about his everyday life when one morning, everything changed. The knock on his door was the start of a nightmare that seemed impossible to escape. He was arrested for identity theft. Eric had no idea how it happened, but the police said someone had used his personal information to commit a crime. He felt a sinking feeling in his stomach as they handcuffed him and read his rights. His world turned upside down. All of a sudden, Eric was facing charges that could ruin his future. He felt scared, confused, and alone. The weight of the accusation pressed down on him every day, leaving him wondering how he would ever clear his name. It felt like everything he had worked for was at risk — his job, his reputation, his relationships. But then, Eric found Deandra Grant Law. From the moment he reached out to the firm, things began to shift. The team at Deandra Grant Law listened carefully as Eric explained his side of the story. He wasn’t a criminal. He had never committed identity theft. But how could he prove that when the evidence seemed so strong? He was lost, unsure of where to turn. That’s when Deandra Grant and her team of Texas Identity Theft Lawyers stepped in as his guide. They knew exactly what to do. Instead of simply accepting the charges, they immediately got to work investigating the details of the case. They reviewed every piece of evidence, spoke to witnesses, and examined the steps leading to Eric’s arrest. The firm wasn’t just interested in the case — they were interested in Eric. Through their hard work and determination, Deandra Grant Law uncovered a critical mistake in the investigation. The evidence against Eric wasn’t as solid as it seemed. With this new information, they were able to build a strong defense. They showed that Eric was the victim of mistaken identity and that the person responsible for the theft was someone else. As the trial approached, Eric felt nervous, but he also felt something he hadn’t felt in weeks: hope. Deandra Grant and her team prepared him for every step, every question, and every possibility. When the day of the trial arrived, Eric stood tall, knowing that he wasn’t alone. The lawyers at Deandra Grant Law were right beside him, fighting for his innocence. And when the verdict was read — “Not Guilty” — it was the moment Eric had been dreaming of. His heart soared with relief. The weight he had carried for so long was lifted. The nightmare was over. Eric knew that without Deandra Grant Law, he wouldn’t have had the chance to clear his name. Their dedication, experience, and compassion made all the difference in the world. They didn’t just handle his case — they fought for his future.

Facing Federal Identity Theft Charges? Contact Us Immediately.

If you’ve been arrested for a crime in Dallas, TX, it’s important to take immediate action to protect your rights and future. The legal process can be confusing and overwhelming, but you don’t have to face it alone. At Deandra Grant Law, our team of experienced Texas Identity Theft Lawyers is here to help guide you every step of the way. We understand the stress you’re going through, and we are committed to working hard to get you the best possible outcome for your case. Whether you’re facing identity theft charges or any other criminal offense, we’ll fight to ensure that your rights are protected and that you have the strongest defense possible. Deandra Grant Law offers free consultations, so there’s no reason not to reach out and get the help you need. Our lawyers will listen to your story, answer your questions, and provide you with the advice and support you need to move forward with confidence. 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.