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Identity Theft

Identity theft is defined as the misappropriation and use of another person’s identifying information without permission and for personal gain. The crime is a type of fraud. In Colorado, in most circumstances, the crime is charged as a Class 4 felony and carries serious penalties. People commit identify theft crimes in order to buy something, apply for credit, or commit other financial crimes.

Identity theft is punishable by hefty fines, incarceration and requirements to pay restitution. If you are suspected, being questioned, accused of, or have been arrested for fraudulent activity, you will benefit from the advice of a legal representative. With an attorney you can discuss a specific strategy based upon the facts of your case. Your attorney can then execute that criminal defense plan and handle any obstacles you find along the way.

ID Theft Denver Defense Attorney

Speak with an identity theft attorney if you have been charged. Personal privacy laws are always changing, with more offenses being added to the list. Penalties are becoming stiffer and you shouldn’t take any chances when it comes to your rights and freedom. If you’re in need of legal representation, get in contact with Law Office of Matthew A. Martin, P.C..

Attorney Matthew Martin understands how these types of cases are prosecuted, and he can protect your rights. The evidence in the case can be disputed; the facts of the case can be misleading; and the accusations can be completely wrong. For an experienced Colorado financial crimes attorney call Law Office of Matthew A. Martin, P.C. at (303) 725-0017.

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What Does Identity Theft Mean?

Our society uses specific number sequences and documents to prove our identity. When someone uses another’s identity for a personal benefit without authorization, then it’s considered identity theft under Colorado law. Some examples of important personal identifying information that may be utilized for identity theft purposes includes:

  • Government-Issues Driver’s License (ID)
  • Student ID
  • Military ID
  • Passport or Passport Number
  • Credit Card Number
  • Debit Card Number
  • Routing or Banking Number
  • Password to Online Banking
  • Personal Identification Number (PIN)
  • Social Security Number
  • Date of Birth
  • Name

The exact definition for identity theft can be found under the Colorado Revised Statutes Section 18-5-902. According to the statutes, identity theft is when a person does one of the following:

  • Possess another person’s identifying information with the intention of selling it, obtaining credit, property, services, or anything else of value
  • Possess another person’s identifying information and, without their permission, apply for some type of financial device or credit such as a credit card
  • Create, complete, or alter a false written instrument or financial device containing personal identifying information of another with the intent to defraud them
  • Intentionally use another’s personal identifying information without their consent to obtain services, credit, cash, property, or to make a payment
  • Be in possession of another’s identifying information without their consent in an effort to gain access to a government-issued file

Take note, the definition of a “financial device” in context of the statute is any instrument used to obtain cash, credit, property, or anything of value. Some examples of financial devices as defined by the Colorado statutes includes checks, money orders, credit cards, debit cards, and electronic fund transfer cards.

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How Long Do You Go to Jail for Identity Theft in Colorado?

Since identity theft can have long-term effects on a person’s financial history, the penalties upon conviction are quite harsh. In Colorado, identity theft is classified as a class 4 felony, which is punishable by:

  • Up to 6 years in prison
  • Mandatory 3-year parole
  • A fine of up to $500,000

The prison time for ID theft may be mandatory if the court finds you have a prior conviction in Colorado or any other state. This includes charges for attempt, conspiracy, or solicitation to commit identity theft. The maximum prison sentence for the crime will also be increased to 12 years.

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How To Beat Identity Theft Charges in Colorado

The penalties for identity theft could derail both your professional and personal goals indefinitely. Thankfully, you have the option to fight your charges and defend your reputation. You can choose to contest the charge by hiring legal representation with extensive financial crime experience. Since there are many parts to the Colorado statute on identity theft, there are numerous defenses you could implement with the assistance of your attorney.

Some common defenses your attorney may apply for your case includes:

  • You were unaware you were using another’s personal identifying information
  • You had no intent to defraud the victim or anyone else
  • The evidence obtained was during an illegal search and seizure by police
  • You had the “alleged victim’s” permission to use their identifying information
  • You never altered a written instrument or financial device

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Additional Resources

Identity Theft Victim Support | CBI– Visit the official website of the Colorado Bureau of Investigation (CBI) to learn more about financial crimes in the state such as identity theft. Access the site to learn how you can report fraud or ID theft, the CBI 24-hour hotline, contact information for the victim assistance program, and other valuable information.

Colorado Laws on Identity Theft | Revised Statutes– Visit the official website of the Colorado Revised Code to learn more about their laws for white collar crimes and fraud. Access the site to learn about identity theft, credit card fraud, insurance fraud, and other financial crimes.

 

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Denver Identity Theft Defense Lawyer

Depending upon how the information was obtained, offenders can face additional charges that may include federal offenses. Regardless of the circumstances, you may be subject to extreme consequences if you have been accused of using another person’s name; address; social security number; birth date; phone number; bank or credit card account numbers; passwords; or pin numbers. That is why we highly encourage you to contact Law Office of Matthew A. Martin, P.C. if you or someone you know has been arrested for identity theft.

Call Denver ID theft defense attorney Matthew Martin to learn about your legal options. He can discuss a specific strategy with you based upon the facts of your case. A rigorous and aggressive defense can make the difference between your freedom and incarceration – and a lifetime of explanations. Call (303) 725-0017 and schedule your free consultation today.