One way Identity Theft is charged in Greeley and Firestone is by using someone’s credit card without permission. A teenager is being investigated for this crime after her teacher filed a police report claiming that her credit card was stolen. According to the report, the teacher had received a text from her credit card company notifying her of some charges. She was taken aback, as these were not purchases she authorized. When she went to check her purse, she realized her wallet was gone. Other students reported that the girl has bragged about stealing the cards and using them to make the exact purchases the teacher was seeing. It was reported to the principal who promised to take care of it, but when only one credit card was returned, not the wallet, license, cash and other cards, the teacher reported the incident to law enforcement herself. If charged, the teenager would likely be facing Theft and Identity Theft charges.
Attorney for Identity Theft Charges in Weld County: How is Identity Theft Charged in Colorado?
The Weld County, Colorado law definition of Identity Theft – C.R.S. 18-5-902 – is:
(a) Knowingly uses 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;
(b) Knowingly possesses 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;
(c) 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;
(d) Knowingly possesses the personal identifying information or financial identifying information of another without permission or lawful authority to use in applying for or completing an application for a financial device or other extension of credit; or
(e) Knowingly uses or possesses the personal identifying information of another without permission or lawful authority with the intent to obtain a government-issued document.
Given the information in the article, the girl would likely be charged under subsection (a) for using the financial device of the teacher without permission to buy a thing of value.
Penalty for Identity Theft in Johnstown and Severance
In Johnstown and Severance, Identity Theft is charged differently based on the subsection. For a charge under subsection (a) or (c), it is a class 4 felony. A charge under subsection (b), (d), or (e) is a class 2 misdemeanor unless the person possesses three or more financial devices or the financial identifying information of three or more people. Then it is a class 5 felony.
If you or someone you love has been charged with Identity Theft, be smart, exercise your right to remain silent, and contact the best criminal defense attorneys from the O’Malley Law Office at 970-616-6009 to schedule a free initial consultation. Together, we can protect your future.
Image by Michal Jarmoluk from Pixabay