What You Need To Know About Identity Theft Charges And How To Defend Against Them

Identity theft charges can be confusing and overwhelming. Understanding the nature of these charges and how to build a defense is crucial if you or someone you know is facing such allegations.

In this article, you can discover…

• How identity theft is defined in Colorado
• Types of evidence used in identity theft cases.
• How an attorney can properly advise you after an identity theft charge. 

What Does It Mean To Be Charged With Identity Theft In Colorado?

Identity theft in Colorado covers a wide range of activities. You can be charged if you possess someone else’s personal, financial, or identifying information, or if you possess a financial device (like a credit card or checkbook) with the intent to use it to obtain money, property, or anything of value.

One important aspect of identity theft charges is that you don’t need to actually steal or take anything to face criminal proceedings. Many clients find this confusing because they believe that, since they didn’t steal money or pretend to be someone else, they haven’t committed a crime. However, the charge only requires possession of the information or device and an intent to use it for personal gain—whether or not any theft actually occurs.

What Are The Penalties For Identity Theft In Colorado?

The penalties for identity theft can range from misdemeanors to felonies, depending on the specific circumstances of the case. In many cases, identity theft is charged as a felony, which can result in significant penalties, including prison time, fines, and a lasting criminal record.

What Types Of Evidence Are Commonly Used Against Defendants In Identity Theft Cases?

The evidence used in identity theft cases is typically broad and varied. Common forms of evidence include:

• Possession of someone else’s credit card, checkbook, or identification.
• Forged documents, such as signing someone else’s name.
• The use of another person’s financial information or likeness.
• Other items that could tie the defendant to fraudulent activities, like another person’s driver’s license or financial devices found in their possession.

The prosecution may also use digital evidence, such as records of unauthorized transactions or communications that show intent to commit identity theft.

Attorneys Jim & Christina Zorrilla are skilled, knowledgeable criminal defense attorneys serving Colorado. For years, they’ve helped clients accused of identity theft better understand their rights and fight unmerited charges.

Have you been charged with identity theft? Unsure of what to do next?

Reach out to The Zorrilla Law Firm at (303) 951-8004 for a free initial consultation today.

What Are The Top Ways To Defend Against Identity Theft Charges In Colorado?

There are three primary defenses against identity theft charges in Colorado… 

1. Authorization

One of the strongest defenses is proving that you had authorization to use the financial or personal information. If the accused had permission to act on behalf of the alleged victim, this could be a valid defense.

1. Possession Disputes

In some cases, the prosecution may struggle to prove who actually possessed the stolen information. For example, if multiple people were involved, and there is uncertainty about who possessed the incriminating items, it may weaken the prosecution’s case. 

In one case our firm handled, the police failed to properly document where credit cards were found, leading to a dismissal because it was unclear whether the defendant or a co-defendant possessed them.

1. Lack Of Intent

Another important defense is showing that you did not intend to use the information or device for criminal purposes. Having someone else’s personal information doesn’t automatically mean that you planned to use it unlawfully.

Parting Words Of Wisdom

If you are facing identity theft charges, say nothing without your attorney present. Far too many people think they can explain their way out of trouble, only to dig themselves deeper by unknowingly admitting to something incriminating. Colorado’s laws are complex, and it’s easy to say the wrong thing—even when your intentions are innocent. If you want to speak to the police, do so with your lawyer by your side.

It’s also crucial to hire an attorney experienced in identity theft cases. These charges are often elevated to felonies, even when the circumstances don’t seem that serious. Many clients don’t realize the gravity of the charges until it’s too late, and prosecutors often play up the severity even further, hoping to intimidate you into a poor plea deal.

An experienced defense attorney cuts through the noise, helps you understand the true scope of the charges, and fights to get you the best possible outcome. Don’t face these charges alone. Work with someone in your corner who knows exactly how to push back.

Still Have Questions? Ready To Get Started?

For more information on Identity Theft Charges, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (303) 951-8004 today.