Criminal Identity Theft Lawyer in Denver, Colorado
Stealing someone’s personal information and using it for financial gain can result in charges of identity theft, but did you know that simply possessing a person’s information can also cause you to be charged with a crime? Colorado’s identity theft laws cover a wide variety of actions, including the use of and possession of a person’s identifying information.
If you’re facing identity theft charges in Denver, Colorado or the nearby areas, you need a skilled and experienced attorney to protect your rights and defend your innocence. At WeedenLaw, we understand the serious nature of criminal identity theft charges and the potential consequences they can have on your life.
Led by Denver criminal defense attorney Jeff Weeden, our team is dedicated to providing aggressive and strategic legal representation to individuals accused of this complex crime. Whether you’ve been wrongfully accused or your involvement was unintentional, having a knowledgeable criminal identity theft lawyer on your side can make all the difference
Call (720) 307-4330 or contact us online to schedule a free initial consultation with us regarding your ID theft case.
What is Identity Theft?
Identity theft is the act of using someone else’s personal information without their permission to commit fraud or other financial crimes. This can include stealing someone’s social security number, credit card details, or other sensitive data to make unauthorized purchases, obtain loans, or engage in fraudulent behavior.
Some people who commit identity theft may use identity theft tools like skimmers, whereas others may obtain a person’s information through fraudulent emails or phone calls. Regardless of how it’s done, identity theft involves assuming another person’s identity for personal gain, often at the expense of the victim.
Colorado Revised Statute § 18-5-902
In Colorado, identity theft is defined under Colorado Revised Statute § 18-5-902. According to this statute, someone in Colorado can commit identity theft if they knowingly use or possess someone’s personal identifying information financial identifying information, or a financial device from that person, without permission or lawful authority, and with intent to defraud them. This includes using that information to obtain cash, credit, property, services, or anything else of value, or to make a financial payment.
Additionally, someone can be charged with identity theft if they use someone else’s personal information to:
- Apply for credit
- Obtain a government-issued document
- Falsely make, complete, alter, or send a written instrument or financial device with the intent to defraud
What is Considered Personal Identifying Information?
Under Colorado’s identity theft law, “personal identifying information” refers to any data that can be used to identify an individual. This kind of personal identification information could include things like a person’s name, social security number, date of birth, driver’s license number, and biometric data like their fingerprints.
Colorado’s identity theft statute also refers to a person’s “financial identifying information,” which refers to any data specifically related to an individual’s financial accounts or transactions. A person’s financial identity information could include things like their bank account numbers or credit card information.
Additionally, the law refers to a person’s “financial devices,” which are any instruments used to access financial resources. A financial device could be something like a credit card, debit card, check, or money order.
Examples of Identity Theft
There are many different crimes that could fall under Colorado’s identity theft law. Below are some of the most common identity theft cases we see:
- Credit card fraud – using someone else’s credit card information to make unauthorized purchases or withdraw cash
- Check fraud – the unauthorized use, forging, or alteration of checks with the intention of illegally obtaining or diverting funds
- Opening accounts in another person’s name – applying for loans, credit cards, or other financial accounts using another person’s personal information
- Tax fraud – filing fraudulent tax returns using another person’s social security number to claim refunds
- Criminal impersonation – providing false identification to law enforcement during an arrest or investigation
- Employment fraud – using another person’s identity to gain employment or obtain government benefits illegally
- Social Security fraud – using another person’s social security number to obtain employment or government benefits
- Phishing scams – sending fraudulent emails or messages to trick individuals into providing personal information
- Skimming – illegally capturing credit or debit card information using a device installed on ATMs or payment terminals
What are the Penalties for Identity Theft in Colorado?
The penalties for identity theft in Colorado are based on the circumstances surrounding the alleged crime. Typically, identity theft can either be charged as a Class 2 misdemeanor, a Class 5 felony, or a Class 4 felony, depending on the facts of the case.
In relation to identity theft, someone in Colorado can be charged with a Class 4 felony if they:
- Use a person’s personal or financial identifying information, or a financial device from another person, to obtain cash, credit, property, or anything else of value; or
- Falsely make, complete, alter, or transfer a written instrument or financial device containing another person’s personal or financial information with the intent to defraud
If someone violates any other part of Colorado’s identity theft law, they will be charged with a Class 2 misdemeanor. However, their charges can be elevated to a Class 5 felony if they possess three or more financial devices from another person, or if they possess the personal or financial identifying information of three or more persons.
For example, if someone only possesses one financial device from another person, and they have not used it to obtain cash or other goods, they may only be charged with a misdemeanor. Below are some of the criminal penalties associated with these crimes:
- Class 4 felony: between 2 and 6 years in prison, between $2,000 and $500,000 in fines, or both
- Class 5 felony: between 1 and 3 years in prison, between $1,000 and $100,000 in fines, or both
- Class 2 misdemeanor: up to 120 days in jail, a fine of up to $750, or both
Why You Need a Denver Identity Theft Lawyer
Facing charges related to identity theft in Denver can be extremely daunting, especially since identity theft charges can carry severe legal consequences. Not only that, but criminal charges can tarnish a person’s reputation and can affect their ability to find work, apply for housing, and exercise their right to vote.
That’s why it’s important to seek legal representation from an experienced Colorado criminal defense attorney. They’ll have the experience and legal knowledge required to navigate difficult identity theft cases and can help provide their clients with the guidance they need throughout the process.
How Denver Criminal Defense Attorney Jeff Weeden Can Help
If you are facing identity theft charges in Denver, CO, experienced criminal defense lawyer Jeff Weeden is here to help defend against these charges and protect your freedom. With his relentless dedication to protecting the rights and interests of his clients, Attorney Weeden offers comprehensive and personalized legal guidance at every stage of the criminal justice process.
Jeff Weeden and the team at WeedenLaw are committed to achieving the best possible outcomes for individuals facing criminal allegations. With his experience handling a wide range of white-collar crimes and cyber crimes in Denver and beyond, you can trust that your case is in good hands.
Free Consultation and Case Evaluation
At WeedenLaw, we offer a complimentary initial consultation to discuss your case with a knowledgeable criminal defense attorney. During this meeting, Attorney Weeden will carefully evaluate the details of your situation, listen to your concerns, and provide you with legal advice tailored to your identity theft case.
This consultation serves as an opportunity for you to learn about your rights, understand the potential consequences you may face, and determine the best course of action moving forward.
Investigation and Evidence Gathering
After we take on your criminal case, we’ll begin the process of investigating the alleged crime and gathering evidence from the incident. With his experience handling a variety of criminal cases, Attorney Weeden will conduct an extensive investigation into the case and gather compelling evidence to support your defense.
An identity theft attorney like Jeff Weeden will also be able to utilize cutting-edge techniques and resources to uncover crucial facts, identify witnesses, and examine any inconsistencies in the prosecution’s case.
Defense Representation in Court
When your case progresses to court proceedings, you can trust WeedenLaw to provide steadfast defense representation every step of the way. Attorney Jeff Weeden brings extensive courtroom experience and a formidable presence to advocate for your rights and interests before a judge and jury.
With a deep understanding of Colorado’s legal system and a track record of successful outcomes, we skillfully navigate court procedures, challenge prosecution arguments, and present strong defenses to fight identity theft charges.
Negotiation with Prosecution
Denver criminal defense attorney Jeff Weeden is adept at negotiating with the prosecution to seek favorable outcomes for his clients. With a deep understanding of Colorado’s legal statutes and a wealth of experience in negotiating plea bargains, Attorney Weeden works tirelessly to pursue reduced charges, minimize serious penalties, or receive alternative sentencing options whenever possible.
By engaging in skillful negotiations with the prosecution, we strive to achieve the best possible resolution for your case while protecting your rights and interests.
Post-Conviction Relief and Appeals
Even if Attorney Weeden can’t secure a favorable outcome for a client, he won’t stop fighting for their rights. He can pursue post-conviction relief for his clients and can even appeal the court’s decision whenever possible. Whether seeking to challenge the conviction, file appeals, or explore other avenues of post-conviction relief, our team will regularly review your case, identify legal errors or procedural irregularities, and fight aggressively to overturn unjust outcomes.
Call an Experienced Identity Theft Attorney at WeedenLaw Today
If you’ve been charged with identity theft in Denver, CO, don’t navigate the legal process alone. Denver identity theft defense lawyer Jeff Weeden is here to provide you with the skilled and personalized legal representation you need to succeed. With a deep understanding of Colorado’s identity theft laws and a track record of successful outcomes, we at WeedenLaw are committed to protecting your rights and advocating fiercely on your behalf.
Call our law office at (720) 307-4330 or fill out our online form to schedule a free consultation with Attorney Weeden regarding your case today.
