At The Law Firm of Mark S. Hanchey and Ben Peterson and Ben Peterson, we understand that facing criminal charges can be a daunting experience, especially when it involves accusations of criminal impersonation. This offense is not only serious but can also be complex, encompassing various scenarios and legal nuances. Whether it involves assuming another person’s identity to gain financial benefits, evade the law, or disrupt someone else’s life, the consequences of a conviction can be severe and life-altering.
In this blog post, we will delve into the intricate details of criminal impersonation, exploring its legal definitions, the different forms it can take, and the potential penalties if convicted. Our aim is to provide clear, actionable guidance for individuals who might find themselves accused of this crime, as well as general information to enhance public understanding of the law. If you or someone you know is facing such charges, it is crucial to seek competent legal representation immediately.
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Free Consultation Download PDFWhat is Criminal Impersonation?
Criminal impersonation is a serious offense in Colorado, encompassed under Colorado Revised Statutes 18-5-113. This crime can lead to significant legal repercussions, making it essential for residents to understand what constitutes criminal impersonation, the different forms it can take, and the associated penalties under state law.
Definition of Criminal Impersonation in Colorado
Under Colorado law, criminal impersonation occurs when someone assumes a false identity or legal capacity and performs an act in that assumed character or capacity to unlawfully gain a benefit or cause harm to another.
Specifically, according to C.R.S. 18-5-113, it is illegal to knowingly assume a false identity or legal capacity, act in the assumed identity or capacity, and do so with the intent to unlawfully gain a benefit for oneself or another or to injure or defraud another.
This definition highlights the element of intent behind the act, which is crucial in distinguishing criminal impersonation from less serious offenses involving deception.
Ways to Commit Criminal Impersonation
Criminal impersonation in Colorado can manifest in various forms, each involving the deliberate assumption of another person’s identity for personal gain or to cause harm. One common form is for financial gain, where an individual uses someone else’s identity to open credit accounts, secure loans, or conduct financial transactions. Another form is to avoid legal consequences, such as evading police, court summons, or legal penalties by assuming another’s identity. Professional misrepresentation involves impersonating a licensed professional, such as a doctor or lawyer, to perform duties or provide services for which the impersonator is not qualified. Lastly, eligibility fraud occurs when someone impersonates another person to qualify for benefits, services, or rights, such as voting, to which they are not entitled. Each of these acts is prosecutable under Colorado’s criminal impersonation statute.
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Penalties for Criminal Impersonation in Colorado
In Colorado, criminal impersonation is a serious offense classified as a class 6 felony when committed at its most severe level. The penalties for this crime are substantial, reflecting the potential harm it can cause. Individuals convicted of criminal impersonation may face a range of severe consequences.
Firstly, prison time is a significant component of the penalties. For a class 6 felony, the standard sentencing range is 12 to 18 months in prison. However, this can increase to up to three years if there are aggravating factors involved.
Fines also play a crucial role in the penalties for criminal impersonation. Depending on the circumstances and the severity of the offense, fines can range from $1,000 to $100,000.
Additionally, courts may order individuals convicted of criminal impersonation to pay restitution. This is intended to compensate any victims for financial losses or damages caused by the impersonation.
Beyond the immediate legal penalties, a conviction for criminal impersonation can have long-term consequences. These can include difficulties in obtaining employment, loss of professional licenses, and significant damage to personal and professional reputations.
Defending Against Charges of Criminal Impersonation
Defending against charges of criminal impersonation requires a comprehensive understanding of the law and the unique details of each case. If you or someone you know is facing such charges, it is vital to be aware of the possible defenses that can be used to effectively challenge the accusations.
One of the primary defenses is demonstrating a lack of intent to defraud or cause harm. The intent to deceive or harm is a crucial element of a criminal impersonation charge. If it can be shown that the accused had no fraudulent intentions and was not trying to deceive or harm anyone, this can be a powerful defense. For example, if the impersonation was part of a harmless prank without any intention of gaining a benefit or causing damage, it might reduce the charges.
Another defense is mistaken identity. It is possible that the accused was wrongly identified as the person who committed the act of impersonation. Establishing a strong alibi or presenting evidence that confirms the accused’s whereabouts at the time of the alleged crime can effectively challenge the prosecution’s claims.
Consent is also a viable defense. If the person who was allegedly impersonated had given consent for their identity to be used in the manner it was, this could serve as a valid defense. Consent can complicate the prosecution’s case by undermining the unlawful aspect of the charge.
Additionally, showing that no material gain was obtained or no harm was caused as a result of the impersonation can be a significant defense. While this approach does not negate the act of impersonation, it can affect the severity of the penalties and may lead to lesser charges.
A defense of duress might be applicable if the accused can prove that they were forced to commit the act under the threat of immediate harm to themselves or others. This defense acknowledges the act of impersonation but argues that it was not conducted willingly.
A defense may revolve around the insufficiency of the prosecution’s evidence. If the evidence does not conclusively prove that the accused was the one who committed the impersonation or fails to establish all the legal elements of the offense, the charges may be dropped or reduced.
Each defense strategy must be tailored to the unique facts of the case. An effective defense often involves thorough investigative work, expert testimony, and strategic legal argumentation.
Answering Coloradans’ Call
Criminal impersonation is a serious offense in Colorado with potentially severe consequences. When facing such charges, it’s essential to have experienced legal representation that understands the complexities of criminal law and can effectively defend your rights.
At The Law Firm of Mark S. Hanchey and Ben Peterson, we are committed to providing a robust defense tailored to the unique circumstances of your case. Our firm prides itself on a deep understanding of Colorado law and a persistent commitment to achieving the best possible outcomes for our clients.
If you or someone you know is facing criminal charges in Colorado, do not hesitate to contact us. Early intervention is crucial in criminal cases, and our team is ready to help you navigate through this challenging time with confidence and clarity. Reach out today to schedule a consultation and ensure your rights are protected every step of the way.