Are you accused of Identity Theft in Weld County? The attorneys at the O’Malley Law Office know that a criminal record and time behind bars can alter your life and future. When you use another person’s personal information, financial information, or any financial object such as a check or credit card, you will face an Identity Theft charge. Below, our Identity Theft attorneys will discuss this criminal charge. If you are facing an Identity Theft charge in Fort Collins or Larimer County, you can get help here.
Legal Definition of Identity Theft, C.R.S. 18-5-902, in Colorado
The legal definition of Identity Theft, C.R.S. 18-5-902, in Colorado is:
A person commits identity theft if he or she:
(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;
(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
Common “Financial Devices” Used in ID Theft in Greeley, Colorado
In Greeley if you are facing an ID Theft charge, it is important to understand what a “Financial Device” is. Common examples of “Financial Devices” are:
- Debit Cards
- Checks
- Credit Cards
- Driver’s License
It is important to note that anything can be a “Financial Device” if it can used to get cash, services, credit, or anything of value. This could also apply to things such as Venmo or Zelle on a phone, or Apple Pay.
Examples of Identity Theft in Weld County
- Some of the most common examples of Identity Theft in Weld County are: Making a purchase using another person’s check, debit card, or credit card without their consent.
- Opening a credit card or completing an application using another person’s information.
- Using another person’s information, to get a driver’s license or other government issued ID.
It is important to note, that possessing or using another person’s information or identification without their permission can have you facing Identification Theft in Colorado. Even if you’ve been given permission to possess someone’s private information, if you use it for an unauthorized act, you’ll face criminal charges.
Penalties and Sentence for Identity Theft Conviction in Eaton, Ault, and Severance, Colorado
The sentence and penalties for Identity Theft in Eaton, Ault, and Severance depend on what you were doing with the identification or “Financial Device.” If you are in possession of another person’s identification or “Financial Device” with the intent to use it for financial purposes or used another person’s information for an application or to get a government ID, then it is a class 2 misdemeanor, with penalties of 120 days in the Weld County Jail and up to $750 in fines. If you are convicted of using the “Financial Device” or convicted of altering or creating identification it is a class 4 felony with penalties of 2-6 years in Colorado State Prison, a fine of $2,000-$500,000 and 3 years mandatory parole.