Identity Theft in Colorado, C.R.S. 18-5-902

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

Identity theft in Colorado used to simply be a type of theft crime. Now, due to the large number of cases involving use of another's personal identifying information, identity theft has become an independent crime, carrying mandatory prison of a second theft type offense in Jefferson County, Denver County, Arapahoe County, Adams County or Douglas County. You need a lawyer who specializes in criminal law to defend you from these serious felony charges.

The Elements of Colorado Identity Theft

C.R.S. 18-5-902 defines Colorado identity theft as when a person 1) knowingly possesses or uses the personal identifying information, financial identifying information, or financial device of another without permission or lawful authority with the intent to obtain (or assist another in obtaining) cash, credit, property, services, or any other thing of value or to make a financial payment; or to aid another in doing the same; 2) 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; 3) knowingly possesses the personal identifying information or financial identifying information of another without permission or lawful authority a) to use in applying for or completing an application for a financial device or other extension of credit; or b) with the intent to obtain a government-issued document. In Littleton, Centennial and Denver, this Class 4 felony is punishable by a prison sentence in the Colorado Department of Corrections. If it is a second or subsequent offense, prison is mandatory. Our lawyers have the tools to defend you against this mandatory prison sentence.

Use or possession with the intent to use another's personal or financial information in Aurora, Lakewood, Northglenn and Arvada has been elevated to a separate crime under this statute in Colorado. This crime gives prosecutors another means of convicting people who have not actually stolen anything, but had another's private personal information in their possession for a theft purpose. If someone were looking to obtain a fake or false driver's license in Colorado, he or she could also be convicted of identity theft. Similarly, if he or she was taking steps to obtain a credit card in another's name, that person could be convicted of identity theft. In the past, these crimes would have been called attempted theft or attempted criminal possession of a financial device. C.R.S. 18-5-903.

Don't Give Any Statements to Police

The police will want to "talk" with you to obtain admissions, which will help in their prosecution of you. Take the advice of our Colorado attorneys who specialize in criminal law: don't meet with the police. They are trained to get you to say things that will hurt you. If you believe you or a loved one might be charged with identity theft, be smart, exercise your right to remain silent and call us at 303-731-0719 today. Together, we can protect your future.

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