Identity Theft Lawyer in Greeley
Identity Theft used to be covered under the Colorado Theft statute law. However, with the growing amount of cases involving the use of other people’s personal identifying information, it is now an independent charge in Greeley, Evans and Windsor.
What is the Definition of Identity Theft?
As a type of Fraud, Colorado law defines Identity Theft – C.R.S. 18-5-902 – as:
(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; or
(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; or
(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; or
(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.
What is the Sentence for Identity Theft?
Identity Theft is a class 4 felony in Weld, Morgan and Logan County. This level felony has a potential 2 to 8 year incarceration in the Colorado Department of Corrections along with fines and restitution. While prison time may be avoided and an experienced lawyer may be able to work out a probation sentence instead, the punishments are heightened if there is more than one offense of this type. If it is a second or subsequent offense, prison is mandatory.
Examples of Identity Theft
Under this statute, you do not have to actually steal anything in order to be charged. If you are caught in possession of someone else’s personal information or looking to obtain a fake driver’s license, you can still be convicted of Identity Theft. Also, if you are looking to get a credit card in someone else’s name, even if you never used it, you can be charged with Identity Theft. Having an experienced criminal defense lawyer with you in court can help minimize the effect these charges will have on your life, family and future.