In Fort Collins and Larimer County, Identity Theft is charged when a person uses someone else’s name on an official document. Two women were recently arrested and charged with many counts of Identity Theft after it was discovered they had stolen ballots and falsely completed them. According to the report, during a signature verification, it was reported that those contacted had not ever received a ballot and never filled one out. However, a ballot had been turned in, with their signature on it. Through investigation, the women were identified, one being a USPS mail carrier. They each face multiple charges of Identity Theft, along with Attempt to Influence a Public Servant and Forgery.
Identity Theft Attorney in Larimer County: How is Identity Theft Charged in Colorado?
The Larimer 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.
Based on the information provided in the article, the women were likely charged under subsection (c). The argument would be that there was an intent to defraud, as they absolutely knew they were not the named person filling out and signing the ballot and turning it in to be counted.
Penalty for Identity Theft in Loveland, Colorado
In Loveland, Colorado, Identity Theft is a class 4 felony or class 5 felony depending on the subsection charged. If charged under subsection (a) or (c), then it is a class 4 felony. The penalty for a class 4 felony is 2 to 6 years in the Colorado Department of Corrections. For a charge under subsection (b), (d), or (e), it is a class 5 felony. This level felony is punishable by 1 to 3 years in the Colorado Department of Corrections.
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 970-658-0007 to schedule a free initial consultation. Together, we can protect your future.
Photo by Edmond Dantès