If you have been criminally charged with Identity Theft, C.R.S. 18-5-902, you will need a top Fort Collins criminal defense lawyer as soon as possible. District Attorneys do not hesitate to crack down on defendants charged with this offense at the Larimer County Courts. This is in part because of the sheer number of Identity Theft cases in Colorado in recent years. What this means for you is that the District Attorney will seek to convict you of your charges and secure the harshest penalties possible. Hiring the best criminal defense lawyer is essential so that you don’t face consequences you don’t deserve. Read further as our top criminal defense lawyers discuss Identity Theft:
Navigate this blog:1. Definition of Identity Theft, C.R.S. 18-5-902 at the Larimer County Courts |
1. Definition of Identity Theft, C.R.S. 18-5-902 at the Larimer County Courts
The definition of Identity Theft, C.R.S. 18-5-902, as it is used at the Larimer County Courts, is as follows:
(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.
Essentially, Identity Theft is charged when one person knowingly possesses or uses another’s financial device, personal identifying information, or financial identifying information. The intent behind this possession or use is to defraud that other person, or to fraudulently gain money or another item of value.
2. What are Financial Devices, Personal Identifying Information, and Financial Identifying Information in Fort Collins?
To understand how Identity Theft is charged in Fort Collins, Colorado, it is important to understand the definitions used in C.R.S. 18-5-902. Financial devices, personal identifying information, and financial identifying information are defined in C.R.S. 18-5-901 as follows:
Financial device:
(a) A credit card, banking card, debit card, electronic fund transfer card, or guaranteed check card;
(b) A check;
(c) A negotiable order of withdrawal;
(d) A share draft; or
(e) A money order.
Personal identifying information:
Financial identifying information:
(a) A personal identification number, credit card number, banking card number, checking account number, debit card number, electronic fund transfer card number, guaranteed check card number, or routing number; or
(b) A number representing a financial account or a number affecting the financial interest, standing, or obligation of or to the account holder.
Think of it this way: financial / personal identifying information and financial devices can all be used to defraud another person of money, credit, or other items of value. Therefore, even merely possessing any of the above without the owner’s permission could result in being criminally charged with Identity Theft.
3. Penalties for Identity Theft in Estes Park and Loveland
Depending on the circumstances, Identity Theft can be charged as a class 2 misdemeanor, class 6 felony, or class 4 felony in Estes Park and Loveland. Outlined below are the penalties for Identity Theft:
Circumstances |
Crime Classification |
Penalties |
Possession of another’s personal identifying information, financial identifying information, or a financial device without lawful authority or permission, intending to:
|
Class 2 misdemeanor / M2 |
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| Possession of 3 or more financial devices, or the personal / financial identifying information of 3 or more people | Class 6 felony / F6 |
|
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Class 4 felony / F4 |
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As evidenced by the penalties that result from a conviction of Identity Theft, this offense is not something you should try to take on alone at the Larimer County Courts. If you or a loved one has been charged, you need to call a top criminal defense lawyer as soon as possible.
If you have been charged with Identity Theft, do not talk to the Larimer County Sheriff or Fort Collins Police. This will only result in your statements being used against you at the Larimer County Courts. Then call (970) 658-0007 today to talk to the best Larimer County criminal defense lawyers with more than 30 years of experience successfully defending their clients. Together, we can protect your future.
The location for the Larimer County Courthouse is 201 Laporte Avenue, Fort Collins, Colorado. We’ll see you there!
Photo by Anete Lusina