Unauthorized Use of a Financial Transaction Device in Greeley
Weld County Fraud and Forgery Criminal Defense Lawyer
Unauthorized Use of a Financial Transaction Device, C.R.S. 18-5-702, is a Fraud offense charged in Greeley whenever a person intentionally uses an expired, revoked, or otherwise unauthorized financial device. One of the more common situations when this crime is charged is when someone steals or borrows a credit card without the knowledge of the person whose name is on the card. This often happens following the burglary or theft of a wallet and credit card. Some people get this charge by using their authorized work credit card in an unauthorized manner, while others use a credit card to buy gift cards they turn into cash.
Like Theft, the sentence for this offense depends on the total dollar amount of goods or services that were obtained fraudulently through the use of the financial transaction device or credit card. Depending on the total value of goods wrongfully obtained, this crime can range anywhere between a petty offense and a high-level felony crime. If you have been charged with Unauthorized Use of a Financial Transaction Device, you should contact the best Greeley criminal defense lawyer as soon as possible to represent you at the Weld County Court.
Greeley Definition of Unauthorized Use of a Financial Transaction Device, C.R.S. 18-5-702
In Greeley, the definition of Unauthorized Use of a Financial Transaction Device, C.R.S. 18-5-702, is as follows:
(a) The financial transaction device has expired, has been revoked, or has been canceled; or
(b) For any reason his use of the financial transaction device is unauthorized either by the issuer thereof or by the account holder.
By this definition, a person can be charged with Unauthorized Use for fraudulently using a financial transaction device, such as a credit card, debit card or gift card. For a defendant to be convicted, the District Attorney must prove that the charged person:
- Had intent to defraud, and
- Knew that the financial transaction device was expired or otherwise revoked, or that the use was not authorized by the owner, account holder or issuer. Even exceeding the authorized use type or amount of a card in your name can result in charges.
What is a Financial Transaction Device in Weld County?
In Weld County, a financial transaction device is defined under C.R.S. 18-5-701 as any instrument used to pay for goods or services, make financial payments, or obtain cash or credit. Financial transaction devices include:
- Credit cards
- Debit cards
- Cash cards
- Electronic fund transfers through Venmo, Paypal, Apple Pay, Zelle or EFT cards
- Guaranteed check cards
- Store based credit cards like a BestBuy card or a Kohl's card
- Banking cards
- Account numbers representing financial accounts, such as the number to a bank account
In other words, the fraudulent use of any of the above financial devices will result in being criminally charged with Unauthorized Use of a Financial Transaction Device. Checks are not included under this statute, and fraudulent use of a check would instead be charged as Fraud by Check, C.R.S. 18-5-205.
Weld County Jail / Colorado DOC Time + Other Penalties for Unauthorized Use of a Financial Device in Greeley
In Greeley, the jail or prison sentence and penalties for a conviction of Unauthorized Use of a Financial Transaction Device depends on the total dollar amount of cash, credit, goods, and/or services that were obtained using the financial device. A defendant convicted of this offense can be sentenced to time at the Weld County Jail or Colorado DOC, fines, or both. Penalties for Unauthorized Use are outlined in the table below:
Value of Cash, Property, Goods, Etc. Obtained |
Classification |
Penalties |
| Less than $300 | Petty offense |
|
| $300 – $999 | Class 2 misdemeanor / M2 |
|
| $1,000 – $1,999 | Class 1 misdemeanor / M1 |
|
| $2,000 – $4,999 | Class 6 felony / F6 |
|
| $5,000 – $19,999 | Class 5 felony / F5 |
|
| $20,000 – $99,999 | Class 4 felony / F4 |
|
| $100,000 – $999,999 | Class 3 felony / F3 |
|
| $1,000,000 or more | Class 2 felony / F2 |
|
A defendant convicted of Unauthorized Use would also be required to pay restitution to recoup any monetary losses that came from their fraudulent use of the financial device. Restitution involves reimbursing the victim for the financial or property losses they suffered. This is sometimes difficult to figure, as victims are generally free to exaggerate the amount of their losses and a defendant often cannot prove exactly how much they’ve stolen.
Contact a Top Weld County Criminal Defense Lawyer Today
If you have been charged with Unauthorized Use of a Financial Transaction Device, it is essential that you contact a top Weld County criminal defense lawyer today. Regardless of whether you have been charged with a petty offense or class 2 felony, a conviction will destroy your finances and future. Don’t let your future be taken from you at the Weld County Court. Entrust it to a criminal defense attorney with over 30 years of experience successfully representing clients charged with Fraud offenses.