ID Theft and Internet ID Theft in Colorado
At Shazam Kianpour & Associates, we hear our clients use the term Identity Theft so often, but not a lot of people are exactly sure what it means. So let’s get a simple definition for it.
Based on the Colorado Revised Statutes Title 18, Criminal Code § 18-5-902, a person can be charged with Identity Theft in Colorado if he or she knowingly uses the personal 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 to make a financial payment.
There are many other statutory definitions of ID Theft, but the essence of the crime is that a person misrepresents who he or she is, and uses someone else’s Identity, credit, or likeness to gain a financial benefit for himself or herself. Sometimes it is a stolen credit card. Other times it may be forging a check that belongs to somebody else. The bottom line is that in Colorado, Identity Theft is considered a serious felony, can destroy your credit and reputation, and can land you in prison for a long time.
When my husband and I divorced I used his social security number and birth date to get a credit card on the Internet. Now I am charged with ID Theft. Can they do that?
Using the Internet makes long-distance communication, information sharing and global commerce much easier. It can also take what might otherwise be a simple theft charge and turn it into an identity theft charge in Adams County, Arapahoe, Boulder, Denver, Douglas, Jefferson County, or any other county in Colorado. The Internet has made it too easy to apply for credit cards and unfortunately, credit card companies don’t pay much attention as they are willing to give you a card at high interest rates.
Sometimes we see ex-boyfriends, neighbors, even relatives like grandkids or nieces, fall prey to temptation and order a credit card in somebody else’s name. Other times, your friend or co-worker left a checkbook lying around and you needed to pay some bills quickly with every intent to pay your friend back later. Don’t do it!
If you have been charged with any type of fraud or ID theft, use your right to remain silent and contact Shazam Kianpour & Associates today. We are Colorado identity theft lawyers, and we have handled these serious felonies before and know what it takes to litigate them and work toward the results our clients need. Call us today for a free consultation at 303-578-4036! When you need us, we will be there for you!
I bought a credit card from someone on the street and used it at the Apple Store in the Mall and I was caught. Am I going to Jail?
As Denver ID theft attorneys, we see this type of situation a lot. Credit card companies do everything they can to prevent this sort of credit card fraud, but there are literally millions of credit cards out there and they are being used in every conceivable situation both online, at stores, and at restaurants. We understand why you bought and used the stolen or forged credit card.
The temptation for easy money is high, and with the recession and unemployment at all time lows, people need to make ends meet for their families. Perhaps that iPad you were going to buy and then sell on Craigslist would have been money for your kids’ birthday presents. Maybe it would have helped you pay rent this month. You are not a bad person. But the prosecutor and the judge won’t care what your excuses are, they have their own careers and families to protect and it starts with putting you away.
Don’t go it alone. ID thefts in Colorado are on the rise, and district attorneys are cracking down. Now is the time to call the Denver identity theft defense attorneys who have been practicing criminal defense of economic crimes and felonies for over a combined 20 years. Pending on your level of accountability, and prior history, we may even be able to keep the whole thing off your record. But the first step starts with an email or phone call. Give us a call today and we will sit down with you for a free and private consultation and talk to you about your rights, defenses, and options. Why us? Because we are the beginning of the solution to your Colorado ID theft case.
If I stole less than a few hundred dollars, why is my Identity Theft Charge a Felony?
The Colorado legislature has determined that theft of another person’s identity can be so damaging to the economy, the community, and the public as a whole, that they do not want to give any breaks on the amount charged or spent. As it stands, identity theft charges in Denver, Boulder, Douglas, Arapahoe, Jefferson, Adams County, or any other Colorado jurisdictions are considered to be a class 4 felony (F4).
If convicted of this financial crime in Colorado, you could be sentenced from two to six years in prison in the state correctional facility known as DOC. There is a mandatory period of three years parole if you are sentenced to prison. Many people feel like they can “do it themselves”. They go into court thinking the judge and prosecutors will be understanding of the situation. This is not the right time to try and save some money. Your career, loans, housing, freedom, and family could be on the line in ID Theft cases.
If you are found guilty, you will likely have little to no luck getting financial aid for schooling, and you will likely have a near impossible time getting landlords to approve a lease deal for you. We are identity theft criminal defense attorneys in Colorado, call us and find out why we say: “Your Defense Starts Here” – Call 303-578-4036 Now.
Although Identity Theft and Internet Identity Theft are the main charges we see in this type of financial crime field, there are also many other variants of these state designated “crimes of moral turpitude”. Amongst the ones we have seen and defended are:
- Criminal Possession of a Financial Device CRS 18-5-903
- Gathering Identity Information by Deception CRS 18-5-904
- Possession of Identity Theft Tools CRS 18-5-905
- Criminal Possession or Sale of a Blank Financial Transaction Device CRS 18-5-705
- Criminal Possession of Forgery devices CRS 18-5-706
- Unlawful Manufacture of a Financial Transaction Device CRS 18-5-707
We are economic crimes and financial crimes attorneys with the experience to get you back on track and the candor to tell you what you need to do and how your case is going.