What is Identity Theft?
Identity Theft – C.R.S. 18-5-902 – is defined by Colorado law as:
- 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
- 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
- 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
- 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
- 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 Punishment for Identity Theft in Fort Collins?
As a class 4 felony, Identity Theft has a potential prison sentence of 2 to 8 years in Fort Collins, Loveland, and Estes Park. Along with serving time, you may be required to pay fines and restitution. For a first offense, prison time may be avoided and an experienced lawyer, like those at the O’Malley Law Office, may be able to work out a probation sentence instead. However, if it is a second or subsequent offense, mandatory prison time, served in the Colorado Department of Corrections, will be part of the sentence.
What are Some Examples of Identity Theft?
The experienced lawyers from the O’Malley Law Office will be by your side every step of the way.
The most common misconception about this charge is that you actually have to steal something to get an Identity Theft charge. If you are caught with someone else’s credit card, even if you never used it, you can be charged with Identity Theft. If you are trying to get a fake driver’s license, and get caught at any point in the process, this is considered Identity Theft as well. No matter what your circumstances are, the experienced lawyers from the O’Malley Law Office will be by your side every step of the way.