Simply put, identity theft is committed when someone uses any information or document in the someone else’s name for purposes of committing a fraud.
In Colorado, Identity Theft is covered in the statutes under C.R.S. 18-5-902. C.R.S. 18-5-902 defines Colorado identity theft as when a person:
1) knowingly possesses or uses the personal identifying information, financial identifying information, or financial device of another without permission or lawful authority with the intent to obtain (or assist another in obtaining) cash, credit, property, services, or any other thing of value or to make a financial payment; or to aid another in doing the same;
2) 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;
3) knowingly possesses the personal identifying information or financial identifying information of another without permission or lawful authority; a) to use in applying for or completing an application for a financial device or other extension of credit; or b) with the intent to obtain a government-issued document.
Possible Sentences for Identity Theft
Regardless of whether you are arrested in Denver, Adams, Arapahoe, Boulder, El Paso, Larimer, or Jefferson counties, each prosecutor’s office takes identity theft cases very seriously. Identity theft in Colorado is a Class 4 felony punishable by a lengthy prison sentence in the Department of Corrections. If it is a second or subsequent offense, prison is mandatory. That means that even if you received probation for a first identity theft case, if you later get arrested for this same crime, prison is required by law.
Identity Theft and Immigration
In addition to prison, identity theft charges can lead to immigration consequences including deportation. Identity theft is viewed as a crime of moral turpitude and immigration judges can order someone deported if that person is convicted or pleas to an identity theft criminal charge.
Contact Denver Identity Theft Lawyer Andres R. Guevara Today
Andres Guevara and the criminal defense lawyers at the Law Office of Andres R. Guevara have tremendous expertise handling cases of identity theft in Denver, Arapahoe County, Aurora, Littleton, Boulder, Colorado Springs, Golden, Brighton, and other cities along the Front Range. Using his years of experience handling financial fraud and economic crimes at the Securities and Exchange Commission and the Manhattan District Attorney’s Office, Andres knows how to break apart financial cases and identity theft charges to find their weaknesses.
Our lawyers know how to defend people charged with these types of allegations. Anyone who has ever tried to get a driver’s license or work papers in someone else’s name or has used a credit card belonging to someone else can be charged with identity theft. If you are arrested, contact aggressive trial attorneys who are ready to fight for your liberty and rights.
Our lawyers have the tools to defend you against this mandatory prison sentence.