Identity Theft in Colorado
The attorneys at Rights & Liberties Law Firm are experienced identity theft attorneys in Colorado who defend people charged with offenses including identity theft.
Identity theft is defined in Identity Theft Statute C.R.S. 18-5-902 which defines the offense as follows:
C.R.S. 18-5-902, Colorado’s Identity Theft Statute
In Colorado, a person commits identity theft if they knowingly use 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. Additionally, a person commits identity theft if they knowingly possess 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.
Possible Penalties for Identity Theft in Colorado
Offense
Class 4 Felony
Class 5 Felony
Class 2 Misdemeanor
- 2-6 years in Colorado State Prison or Community Corrections followed by 3 years of mandatory parole; or
- Probation; and/or
- $2,000 – $500,000 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
- Up to 120 days in jail; and/or
- $750 fine;
- Restitution
- 2-6 years in Colorado State Prison or Community Corrections followed by 3 years of mandatory parole; or
- Probation; and/or
- $2,000 – $500,000 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
- Up to 120 days in jail; and/or
- $750 fine;
- Restitution
What Are the Elements of Identity Theft in Colorado?
(1) Knowingly using the personal identifying information, financial identifying information, or financial device of another.
(2) Without permission or lawful authority.
(3) With the intent to obtain cash, credit, property, services, or any other thing of value or to make a financial payment.
(4) Alternatively, knowingly possessing 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.
Defenses to Identity Theft 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 information or device was unauthorized, this can be a strong defense.
Unintentional Theft
The defendant may argue that the use of another person’s identifying information was accidental and not intended to defraud.
Lack of Sufficient Evidence
The prosecution must prove beyond a reasonable doubt that the defendant knowingly used the information with intent to defraud. If there is insufficient evidence, the charges may be dismissed.
Consent
If the defendant had permission to use the identifying information, this can be a valid defense.
Statute of Limitations for Identity Theft in Colorado
- Felony identity theft charges must be filed within 3 years. C.R.S. 16-5-401(1)(a.5)
Legal References
Contact Colorado’s Identity Theft Attorneys at Rights & Liberties Law Firm to Fight for You Today
If you’ve been charged with an identity theft crime contact the attorneys at Rights & Liberties Law Firm to vindicate your rights and protect your liberties. If you’re facing criminal charges or fear you may be charged time is of the essence. Start Your Free Criminal Defense Case Quote. By retaining Rights & Liberties Law Firm you can rest assured that:
- The attorneys at Rights & Liberties Law Firm will use experienced investigators and experts to look into the case to get ahead of the police and prosecutors, whether there has already been an arrest or an investigation is on-going;
- The attorneys at Rights & Liberties Law Firm will advocate for you during your bond hearing to get you released from custody on the lowest possible amount of bail or on a personal recognizance bond;
- The attorneys at Rights & Liberties Law Firm will litigate all constitutional violations and fight to suppress any evidence illegally seized or obtained by police and investigators in violation of your rights;
- The attorneys at Rights & Liberties Law Firm are trial dogs. If you’re prepared to go all the way, so are we. We’ll take your case to the jury and fight with everything we’ve got to secure your acquittal.
- The attorneys at Rights & Liberties Law Firm are skilled negotiators. If you’ve made a mistake we will leave no stone unturned in presenting mitigation to contextualize your circumstances. We will obtain information and prepare a mitigation presentation or report to the prosecutor to present you in your best light and show the state and the judge that despite your mistakes you’re a dignified human being worthy of leniency and redemption. We will protect you from the overly punitive instincts of the criminal legal system and obtain the best plea bargain possible.
- If you’re up against the wall facing serious charges, jail, or prison time the attorneys at Rights & Liberties Law Firm have your back. From drug distribution and barfights to sex assaults and homicides the attorneys at Rights & Liberties Law Firm know that life gets wild and things fall apart. We’ll fight to keep your life together and advocate to ensure that you receive a non-prison sentence, or one which results in the lowest amount of prison time possible.
- If you’re wondering why we do this work, we’re in it because we care. At Rights & Liberties Law Firm we believe that no individual’s crime holds a candle to the injustices meted out by our unusually cruel overly punitive criminal legal system. At Rights & Liberties Law Firm we fight for people whose talents, dreams, and lives have been put on hold by a criminal accusation. Let us fight for you.