In Fort Collins and Larimer County, it used to be that giving a false name to a Fort Collins police officer or Larimer County sheriff deputy was charged as False Reporting. However, we are seeing a new trend across the Colorado counties where instead of charging this misdemeanor crime, the felony Criminal Impersonation is charged. We have even seen cases where police will initially issue a summons or arrest our client for False Reporting and when the DA reviews the case, they change the charges to Criminal Impersonation. It seems to me that there is a push for the Criminal Impersonation charge just because it is a felony, even when the misdemeanor False Reporting to Authorities charge applies.
Larimer County False Reporting to Authorities Lawyer: Definition of False Reporting
The Larimer County, Colorado law definition of False Reporting as it applies to providing a false name – C.R.S. 18-8-111(1)(d) – is:
(d) He or she knowingly provides false identifying information to law enforcement authorities.
False reporting to authorities is a class 3 misdemeanor, which is punishable by up to 6 months in the Larimer County Jail.
Criminal Impersonation Attorney Near Me in Fort Collins, Loveland, and Estes Park
In Fort Collins, Loveland, and Estes Park, Criminal Impersonation – C.R.S. 18-5-113(1)(b) – is defined as:
(b) Assumes a false or fictitious identity or capacity, legal or other, and in such identity or capacity he or she:
(I) Performs an act that, if done by the person falsely impersonated, might subject such person to an action or special proceeding, civil or criminal, or to liability, charge, forfeiture, or penalty; or
(II) Performs any other act with intent to unlawfully gain a benefit for himself, herself, or another or to injure or defraud another.
Often, we see this charge begin chosen because the person is offering the false name in order to get out of an arrest. Sometimes the person has an active warrant or possibly a criminal history and they think that providing a false identity might save them from further criminal proceedings. Because they are using the fake name or someone else’s identity to keep themselves out of trouble, they are charged with the class 6 felony, which carries a potential sentence of 12 to 18 months in prison.
If you or someone you love has been charged with Criminal Impersonation, be smart, exercise your right to remain silent, and contact the best criminal defense attorneys from the O’Malley Law Office at 970-658-0007. Together, we can protect your future.
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