Using another person’s personal information, financial information, or any object such as a check or credit card, can get you charged with Identity Theft in Weld County, Colorado. Identity Theft is a newsworthy crime that can get you arrested and left with a criminal record, and prison time. The affordable and experienced attorneys at the O’Malley Law Office can help you better understand your Identity Theft charges. Read below where we will explain more about Identity Theft, or call our office to talk to an Identity Theft lawyer.
#1 What is the Definition of Identity Theft, C.R.S. 18-5-902, in Greeley Colorado?
The definition of Identity Theft, C.R.S. 18-5-902, in Greeley is:
A person commits identity theft if he or she:
(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;
(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
#2 Examples of a “Financial Device” in Weld County
In Weld County, it is important to know the definition of “Financial Device” from C.R.S. 18-5-902. Some examples of a “Financial Devices” are:
- Debit card
- Credit card
- Money orders
- Check
It is important to note that anything that can be used to get cash, services, credit, or anything of value can be considered a “Financial Device.” How about a phone with Apple Pay?
#3 In Greeley, Colorado, What is the Sentence and Penalty for an Identity Theft Conviction?
The sentence for Identity Theft, in Greeley, is a class 4 felony that carries penalties of 2-6 years in the Colorado Department of Corrections, a fine of $2,000-$500,000, and 3 years mandatory parole. If you have been previously convicted, then the maximum sentence is 12 years in prison. Additionally, restitution will have to be paid to any victim. To learn more about restitution go here.
#4 What are the Defenses to an Identity Theft Charge in Weld County?
Experienced Weld County attorney’s will use the specific details of your case to defend your case, and here are some common defenses we can use:
- You didn’t intend to defraud anyone
- You didn’t knowingly use someone else’s personal information or financial device
- You lied about identifying information, but didn’t know that it was actually someone else’s
- You had the other person’s permission to use the information and were helping them out since they were elderly and cannot leave their home
The lawyers at the O’Malley Office are aggressive and have experience in defending against Identity Theft. Our lawyers know mistakes happen and will make sure that your side of the story is heard so you have the best outcome in your case.
If you or a loved one 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 970-616-6009.
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