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(720) 740-3466 (720) 740-3466 Prosecutors in Denver are known for aggressively pursuing identity theft charges. This felony carries steep penalties upon conviction, making it crucial that anyone accused of the crime seeks legal counsel right away. A dedicated defense attorney may be able to fight these charges or resolve the case favorably on your behalf.
If you have been accused of identity theft, representing yourself is a risk you cannot afford. The state will use its resources to secure a conviction, and you deserve a Denver identity theft lawyer who could ensure that your case is given fair consideration.
In Colorado law, identity theft is the knowing use of a person’s identifying information without permission to obtain something of value. This is ultimately a type of fraudulent behavior designed to take the assets of the alleged victim or financial institution.
The definition of personal identifying information is broad. It could be as simple as obtaining a person’s name and Social Security number, or it might involve financial information such as bank accounts and passwords. Even using another person’s financial device could qualify.
This statute also broadly defines the things of value that are unlawfully obtained. Identity theft can result in the taking of cash, credit, services, or any other valuable item. Another example is using this information to make an unauthorized payment on an outstanding debt. A Denver attorney could help you understand how these identity theft rules may affect your case.
Identity theft can occur in a variety of ways. While it often involves falsified documents, simply taking information from another person and using it for financial advantage is enough. Some common examples include the following:
Regardless of the specifics of the case, having the support of strong legal counsel is vital. Let a Denver identity fraud attorney review the facts and provide guidance on how to proceed.
There are options for fighting identity theft charges, and a Denver lawyer could examine your case before helping you select the right approach. Some common strategies include the following:
Identity theft requires intent. That means a person who unknowingly assumes the same name as another has not committed a crime if they had no intentions of defrauding anyone. It is not generally illegal to use a fictitious name, and lack of knowledge could be a successful defense for someone who unintentionally used another person’s name and did not use any false documents in the process.
Identity theft can be a difficult charge to prove. There are frequently no eyewitnesses available to testify that the accused is the person who submitted a form or made a transaction online. Often, the strongest defense strategy involves highlighting the lack of evidence provided by the prosecution.
Some defense strategies focus on the violation of the civil rights of the accused. If the police illegally search or seize property from the defendant, the evidence they find can be excluded at court. This can upend the state’s case if an illegal search led to physical evidence of a stolen identity.
In rare cases, the state might bring charges when the accused had permission to act on the alleged victim’s behalf. This might involve filling out a formal document on their behalf or using their identification at their request.
If you have been accused of identity theft, now is the time to act. These cases are serious, but you have the opportunity to defend yourself and potentially avoid a conviction. Reach out to a Denver identity theft lawyer today to learn more.