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Photo Of Kyle B. Sawyer

Charged With A Crime? It Doesn’t Mean You’re Guilty.

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 Denver-area cases involving use of another’s personal identifying information, identity theft has become an independent crime. If someone has a prior financial instrument or identity theft type conviction, there is a law that requires mandatory prison. In cases like this, you need a criminal defense lawyer with experience in serious felony charges.

Definition Of Identity Theft In Jefferson County, Colorado

C.R.S. 18-5-902 defines Jefferson County, Colorado, identity theft as occurring 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; or

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; or

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 any other extension of credit; or b) with the intent to obtain a government-issued document.

Punishment For Identity Theft In Arapahoe County, Colorado

In Littleton, Centennial and all of Arapahoe County, this Class 4 felony is punishable by a prison sentence of from 2-6 years in the Colorado Department of Corrections. If it is a second or subsequent offense, prison is mandatory. Our identity theft attorneys have the tools to defend you against this mandatory prison sentence.

Douglas County, Colorado, Identity Theft Is A Broad Crime

The statute defining identity theft is much broader than it appears. There are many ways to commit identity theft. Here are just a few:

  • Possession of someone’s debit or credit card you found with the intent to obtain property, cash or goods or services
  • Possessing someone’s personal identifying information with the intent to obtain property, cash or goods or service
  • Filling out a check or credit application with the personal information of another, with the intent to defraud

In past years, the attempted use or possession of this financial information would have been charged as attempted theft.

Criminal Possession Of A Financial Device In Adams County And Denver, Colorado

Located at C.R.S. 18-5-903, Criminal Possession of a Financial Device is a close cousin to Identity Theft – just on a smaller scale. Even if you find a credit card in Adams County, simply having the card in your possession is a class one misdemeanor. If you have two cards, it is a class five felony. To show how strict this law is, you don’t even have to possess the cards with the intent to use them. So, if you find a wallet and want to get it back to the person who lost it, you are at risk to become a felon under a clear reading of this law. Ridiculous!

Denver Police And Identity Theft

The police will want to “talk” with you to obtain your admissions, which will help in their prosecution of you. Listen carefully: don’t meet with the police or answer any questions on the phone. They are trained to get you to say things that will hurt you. Since identity theft is a felony, 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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