Financial Transaction Device Crimes in Colorado
The attorneys at Rights & Liberties Law Firm are experienced financial transaction device crimes attorneys in Colorado who defend people charged with offenses including financial transaction device violations.
Financial transaction device crimes are defined in various statutes under C.R.S. Title 18, Article 5. Below are some of the most common financial transaction device-related offenses, their statutes, possible penalties, elements of the offense, and applicable defenses.
Common Financial Transaction Device Offenses and Statutes
Unauthorized Use of a Financial Transaction Device (C.R.S. § 18-5-702)
Description: Using a financial transaction device, such as a credit card, debit card, or ATM card, with intent to defraud, knowing that the device has expired, been revoked, or is unauthorized.
Penalties: Class 1 misdemeanor if the value obtained is less than $300, punishable by up to 364 days in jail and fines up to $1,000.
Class 6 felony if the value obtained is $300 or more, punishable by 1 to 18 months in prison and fines up to $100,000.
Criminal Possession of a Financial Device (C.R.S. § 18-5-903)
Description: Possessing a 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.
Penalties: Class 2 misdemeanor for possession of one or more financial devices, punishable by up to 120 days in jail and fines up to $750. Class 5 felony for possession of three or more financial devices, of which at least two are issued to different account holders, punishable by 1 to 3 years in prison and fines up to $100,000.
Criminal Possession or Sale of a Blank Financial Transaction Device (C.R.S. § 18-5-705):
Description: Possessing or selling a blank financial transaction device with the intent to use, deliver, or sell it.
Penalties: Class 6 felony, punishable by 1 to 18 months in prison and fines up to $100,000.
Unlawful Manufacture of a Financial Transaction Device (C.R.S. § 18-5-707):
Description: Falsely making or manufacturing a financial transaction device with the intent to defraud.
Penalties: Class 5 felony, punishable by 1 to 3 years in prison and fines up to $100,000.
Possible Penalties for Financial Transaction Device Crimes in Colorado
Offense
Class 1 Misdemeanor
Class 2 Misdemeanor
Class 6 Felony
Class 5 Felony
- Up to 364 days in jail; and/or
- $1,000 fine;
- Restitution
- Up to 120 days in jail; and/or
- $750 fine;
- Restitution
- 1-18 months in Colorado State Prison or Community Corrections followed by 1 year of mandatory parole; or
- Probation; and/or
- $1,000 – $100,000 fine;
- Restitution
- 1-3 years in Colorado State Prison or Community Corrections followed by 2 years of mandatory parole; or
- Probation; and/or
- $1,000 – $100,000 fine;
- Restitution
Offense
(Click Links Below To See Penalties)
Class 1 Misdemeanor
Class 2 Misdemeanor
Class 6 Felony
Class 5 Felony
- Up to 364 days in jail; and/or
- $1,000 fine;
- Restitution
- Up to 120 days in jail; and/or
- $750 fine;
- Restitution
- 1-18 months in Colorado State Prison or Community Corrections followed by 1 year of mandatory parole; or
- Probation; and/or
- $1,000 – $100,000 fine;
- Restitution
- 1-3 years in Colorado State Prison or Community Corrections followed by 2 years of mandatory parole; or
- Probation; and/or
- $1,000 – $100,000 fine;
- Restitution
What Are the Elements of Financial Transaction Device Crimes in Colorado?
(1) Using, possessing, manufacturing, or selling a financial transaction device.
(2) The specific circumstances of the offense, such as using a device with intent to defraud, possessing a stolen device, or manufacturing a device with fraudulent intent
(3) Knowledge or intent associated with the offense, such as knowing the device is unauthorized or intending to defraud.
Defenses to Financial Transaction Device Crimes in Colorado
General Denial
The accused will be acquitted if the prosecution cannot prove every element of the offense beyond a reasonable doubt.
Mistaken Identity
This defense attacks the element of who committed the alleged offense.
Alternate Suspect
This defense casts doubt on the identity element of the offense by suggesting another person committed the crime.
Duress
Under C.R.S. 18-1-708, a person may not be convicted if they engaged in the conduct due to the use or threatened use of unlawful force.
Entrapment
Under C.R.S. 18-1-709, the commission of acts which would otherwise constitute an offense is not criminal if the defendant was induced to do so by law enforcement.
Choice of Evils
Under C.R.S. 18-1-702, conduct which would otherwise constitute an offense is justifiable when necessary to avoid imminent public or private injury.
Lack of Intent
If the accused did not have the intent to defraud or was unaware that the device was unauthorized, this can be a strong defense.
Statute of Limitations for Financial Transaction Device Crimes in Colorado
- Felony financial transaction device charges must be filed within 3 years. C.R.S. 16-5-401(1)(a.5)
- Misdemeanor financial transaction device charges must be filed within 18 months. C.R.S. 16-5-401(1)(a.5)
Legal References
Contact Colorado’s Financial Transaction Device Crimes Attorneys at Rights & Liberties Law Firm to Fight for You Today
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