We use personal identification numbers and documents to access our healthcare, finances and other important aspects in our lives. Stealing another’s identifying information for any reason is illegal in Colorado. You could be charged with identify theft, which is a felony level crime.
Identity theft is a broad term for a variety of crimes. You could be charged with identity theft for applying for healthcare benefits with another’s identifying information. However, you can also be charged for identity theft for creating a fake I.D. or impersonating another person with their I.D.
No matter the circumstances, the consequences associated with identity theft are severe. You could be facing expensive fines and even prison time. If you or someone you know has been charged with identity theft, it’s imperative you seek trusted legal representation.
Identity Theft Attorney in Colorado Springs, CO
Identity theft is a serious charge with the potential to drastically change your life. That is why it’s recommended you seek legal counsel if you’ve been charged with identity theft. You can find an experienced attorney today by calling Law Offices of Clifton Black, PC.
The attorneys at Law Offices of Clifton Black, PC have represented numerous people accused of identity theft. We will look over all aspects of the case to help you create a strong defense. Contact us now at (719) 328-1616 and schedule a free consultation. Law Offices of Clifton Black, PC accepts clients throughout the greater El Paso County area including Arapahoe County and Denver County.
Overview of Identity Theft in Colorado
- How is Identity Theft Defined in Colorado?
- Penalties for Identity Theft
- Criminal Possession of a Financial Device
- Possessing Another’s Identification Document
- Additional Resources
How is Identity Theft Defined in Colorado?
Using another’s identifying information for a personal benefit is unlawful in Colorado. This can include important information such as name, date of birth, social security number, bank statements and other relevant material.
Below are some examples of personal identifying information:
- Government-issued driver’s license;
- Passport number;
- Biometric data such as DNA or thumbprints;
- Student I.D.;
- Military I.D.;
- Passwords to online financial institutions;
- Personal identification number (PIN number);
- Credit card number; and
- Routing or banking number
According to C.R.S. 18-5-902, you’re guilty of identity theft if you:
- Knowingly use another’s personal identifying information without permission to obtain cash, credit, services, to make a payment, property or any other thing of value;
- Possess another’s personal identifying information with the intent to obtain cash, credit, property, services or anything of value;
- With the intent to defraud, alter, complete, or create a false written instrument or financial device which contains personal identifying information or any identifying information of another person;
- Possess personal identifying information of another without lawful authority or their permission when applying for a financial device or other type of credit; or
- Possess or use personal identifying information of another without permission to gain access to a government-issued document
The term “financial device” is defined as any instrument or device used to obtain cash, credit, property or anything of value. Listed below are some examples of a financial device:
- Checks;
- Money orders;
- Credit or debit cards;
- Electronic fund transfer card;
- Negotiable order of withdrawal; or
- Share drafts
Penalties for Identity Theft in Colorado
Identity theft is a felony-level charge. A conviction could result in a class 4 felony, which is punishable by:
- Up to 6 years in prison; and
- A fine of up to $500,000
The sentence includes a three-year mandatory parole as well. The judge may order a mandatory prison sentence if you:
- You committed identity theft, or conspiracy, attempt or solicitation to commit identity theft; AND
- You have a prior conviction for identity theft or related offense in Colorado or any state
If the factors above apply to your case, you could face a maximum prison sentence of 12 years.
Criminal Possession of a Financial Device
A charge commonly associated with identity theft is criminal possession of a financial device. A financial device is any instrument used to access your finances or property. For example, possessing another’s checkbook would qualify as criminal possession of a financial device.
Possessing another’s financial device is a class 1 misdemeanor, which carries a sentence of up to 18 months in jail and a fine of up to $5,000. Possessing two or more financial devices is a class 6 felony, which is punishable by:
- Up to 18 months in prison; and
- A fine of up to $100,000
Possessing four or more financial devices that are linked to two different people is a class 5 felony. The penalties for a class 5 felony include:
- Up to 3 years in prison; and
- A fine of up to $100,000
Criminal Possession of an Identification Document
Possessing another’s identification documents without permission or authority is also a crime. Colorado law explicitly states the types of identification documents that qualify for criminal possession charges if they’re found to belong to another person. These documents include:
- Government-issued identification card;
- Passport
- Driver’s license or permit; and
- Social security Card
Possessing one identification document is a class 1 misdemeanor, which is punishable by up to 18 months in jail and a fine of up to $5,000. Possessing two or more identification documents linked to two different people is a class 6 felony. The penalties for a class 6 felony include:
- Up to 18 months in prison; and
- A fine of up to $100,000
Additional Resources
Cyber Crime Victim Support – Visit the official website of the Colorado Bureau of Investigation (CBI) to learn more about identity theft. Access the site to obtain the CBI 24-hour Identity Theft & Fraud hotline as well as what to do if you find out your identity has been stolen.
Identity Theft Laws – Visit the official website of the Colorado Revised Code to learn more about their fraud laws. Access the site to learn about identity theft, possession of identity theft tools, gathering identity information by deception and more.
Lawyer for Identity Theft in El Paso County, CO
If you or someone you know has been charged with identity theft, it’s imperative you seek legal counsel. An identity theft conviction could mean prison time. You might even be charged with multiple counts if you possessed identification documents or the financial device of another.
Call Law Offices of Clifton Black, PC to speak to a skilled attorney today. We have a team of experienced legal professionals who have represented cases like yours numerous times. You can call us at (719) 328-1616 to set up a consultation. Law Offices of Clifton Black, PC accepts clients throughout the greater Colorado Springs area including Calhan, Manitou Springs, Fountain and Monument.
