Colorado defines identity theft as using someone else’s personal or financial identifying information, without permission, to make a payment or obtain anything of value. Under C.R.S. § 18-5-902, the use-based form of the charge, actually using someone’s information or financial device to get money, credit, property, or services, is a class 4 felony, carrying 2 to 6 years in prison, 3 years of mandatory parole, and fines of $2,000 to $500,000. The possession-based form, simply possessing someone else’s information or device with intent to use or allow its use, is ordinarily a class 2 misdemeanor, but becomes a class 5 felony if three or more people’s information or three or more financial devices were involved.
Why prior convictions matter so much here
If someone has a prior conviction for identity theft or a related crime, the court is required to sentence at least the minimum of the standard range and can go as high as twice the standard maximum, a significant enhancement that makes prior record review essential in any repeat identity theft case.
What to do next
If you’re facing this in Colorado, call Mile High Legal at (720) 853-5779 for a free consultation. The earlier a defense attorney gets involved, the more options are usually still on the table.
