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Identity Theft Denver Lawyer, C.R.S. 18-5-902

Learn more about Identity Theft in Colorado.

As unfortunate as it is, people often find themselves in tough financial spots. Because of this, they can become desperate and make hasty decisions. That is why it has become more common to hear about cases of identity theft. As our Denver and Colorado societies evolve into an electronic age, theft involving the use of someone’s identity has developed into an independent crime.

What is Identity Theft in Colorado?

Identity Theft, C.R.S. 18-5-902 is charged in Douglas and Adams County when:

1. Someone knowingly uses the personal identifying information, financial identifying information, or financial device of another without permission or lawful authority to get cash, credit, property, services or any other thing of value or to make a financial payment;

2. Someone knowingly possesses the personal identifying information, financial identifying information, or financial device without permission or lawful authority to use, help or allow someone else to use the information to get cash, credit, property, services or any other thing of value or to make a financial payment;

3. With the intent to defraud, someone falsely makes, completes, alters or utters a written instrument or financial device with someone’s personal identifying information or financial identifying information;

4. Someone knowingly possesses personal identifying information or financial identifying information without permission or lawful authority to use to apply for or complete an application for a financial device or other extension of credit;

5. Someone knowingly uses or possesses the identifying information of someone without permission or lawful authority in order to obtain a government-issued document.

Identity Theft is a class 4 felony in Adams and Jefferson County. A man or woman could face a mandatory prison sentence if he or she has:

  • Been convicted of identity theft, or
  • Attempted to commit identity theft, and
  • Had a prior conviction of a similar charge.

Examples of Identity Theft

Tim is buying groceries one day, accumulating over $100 in food and beverages. When he is ready to buy everything, he grabs a checkbook from his back pocket that isn’t his own. He uses this form of payment to pay for his groceries. Tim could be charged with a class 4 felony and could face 2 to 6 years in prison because he is making a financial payment with someone else’s financial device.

Alexa has a friend who loves shopping online almost every day. Her friend is running low on money one day, but really wants a new camera. Alexa knows her sister is home with her that same day, so she grabs her sister’s credit card out of her wallet. She then gives the credit card information to her friend so she can purchase the new camera online. Alexa could face charges of identity theft and could pay between $2,000 and $500,000 in fines.

If you’ve been charged with Identity Theft, contact an aggressive sex crimes defense attorney immediately.

Criminal Possession of a Financial Device: A Related Crime in Arapahoe County

The definition of Criminal Possession of a Financial Device, C.R.S. 18-5-903, is:

“Aperson commits criminal possession of a financial device if the person has in his or her possession or under his or her control any financial device that the person knows, or reasonably should know, to be lost, stolen, or delivered under mistake as to the identity or address of the account holder.”

A financial device is defined by Colorado law as any instrument or device that can be used to obtain cash, credit, property, services, or any other thing of value or to make financial payments, including but not limited to:

A credit card, banking card, debit card, electronic fund transfer card, or guaranteed check card

A check

A negotiable order of withdrawal

A share draft

A money order

Consequences for Criminal Possession of a Financial Device

Situation Class Penalty
Criminal possession of one financial device Class 1 misdemeanor Criminal Possession of a Financial Device 6-18 months in the Douglas County Jail and $500-$5,000 in fines
Criminal possession of two or more financial devices Class 6 felony Criminal Possession of a Financial Device 1 year to 18 months in prison and $1,000-$100,000 in fines
Criminal possession of four or more financial devices Class 5 felony Criminal Possession of a Financial Device 1-3 years in prison and $1,000-$100,000 in fines

Examples of Criminal Possession of a Financial Device in El Paso County

Jess receives a letter one day in the mail by mistake containing someone else’s credit card. Though she knows it is not hers, she decides to keep it. Jess could be charged with a class 1 misdemeanor of Criminal Possession of a Financial Device, as well as face 6-18 months in jail because of obtaining a financial device that isn’t her own.

Tony’s best friend frequently comes to visit Tony at his new apartment every week to spend time with him. When his friend was visiting Tony one day, he came with a money order and a check that he needed for his job that night. After the visit, however, his friend forgot to take the money order and check with him, but Tony didn’t tell his friend about it and intended to keep them. Tony could face a class 6 felony charge for having two financial devices that aren’t his own, resulting in a year to 18 months in prison.

Charged with Identity Theft? Contact the Best Denver Criminal Defense Lawyers

It is important that you do not give any statements to the police if you are facing charges of Identity Theft. Officers and detectives will try to talk with you in order to help in their prosecution of you. The police have specific training to get you to say things that will work against you. Exercise your right to remain silent and contact the attorneys at the O’Malley Law Office specialized in criminal law to get you the help you need.

Get Help Now

If you have been charged with Identity Theft or Criminal Possession of a Financial Device, be smart, exercise your right to remain silent, and contact an experienced criminal defense lawyer at the O’Malley Law Office for a free consultation at 303-830-0880. Together, we can protect your future.
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Colorado Identity Theft Statute: C.R.S. 18-5-902

(1) A person commits identity theft if he or she:

(a) Knowingly uses the personal identifying information, financial identifying information, or financial device of another without permission or lawful authority with the intent to obtain cash, credit, property, services, or any other thing of value or to make a financial payment;

(b) Knowingly possesses the personal identifying information, financial identifying information, or financial device of another without permission or lawful authority, with the intent to use or to aid or permit some other person to use such information or device to obtain cash, credit, property, services, or any other thing of value or to make a financial payment;

(c) With the intent to defraud, falsely makes, completes, alters, or utters a written instrument or financial device containing any personal identifying information or financial identifying information of another;

(d) Knowingly possesses the personal identifying information or financial identifying information of another without permission or lawful authority to use in applying for or completing an application for a financial device or other extension of credit;

(e) Knowingly uses or possesses the personal identifying information of another without permission or lawful authority with the intent to obtain a government-issued document; or

(f) (Deleted by amendment, L. 2009, (SB 09-093), ch. 326, p. 1737, § 1, effective July 1, 2009.)

(2) Identity theft is a class 4 felony.

(3) The court shall be required to sentence the defendant to the department of corrections for a term of at least the minimum of the presumptive range and may sentence the defendant to a maximum of twice the presumptive range if:

(a) The defendant is convicted of identity theft or of attempt, conspiracy, or solicitation to commit identity theft; and

(b) The defendant has a prior conviction for a violation of this part 9 or a prior conviction for an offense committed in any other state, the United States, or any other territory subject to the jurisdiction of the United States that would constitute a violation of this part 9 if committed in this state, or for attempt, conspiracy, or solicitation to commit a violation of this part 9 or for attempt, conspiracy, or solicitation to commit an offense in another jurisdiction that would constitute a violation of this part 9 if committed in this state.”