Colorado Fraud Attorney

The crime of fraud is detailed in Title 18 Article 5 of the Colorado Statutes. Offenses that involve fraud include:

Forgery, Simulation, Impersonation, and Related Offenses;
Fraud in Obtaining Property or Services;
Fraudulent and Deceptive Sales and Business Practices;
Bribery and Rigging of Contests;
Offenses Relating to the Uniform Commercial Code;
Offenses Relating to the Imitation Controlled Substances Act;
Financial Transaction Device Crime Act;
Equity Skimming and Related Offenses; and
Identity Theft and Related Offenses.

In general, one commits fraud in Colorado if one engages in a wrongful act with the intent to gain an unfair or undeserved benefit from the party being defrauded, and/or if one intentionally causes harm or loss to another person through such an act.

The punishments for fraud in Colorado range from class 1 petty offenses—which have a maximum possible penalty of six months in jail, a $500.00 fine, or both—to class 2 felonies—which can include penalties of 8 to 24 years in prison and a fine between $5,000.00 and $1,000,000.00. An example of a class 1 petty offense would be something like writing a fraudulent check for the sum of less than $50.00, whereas a class 2 felony would be something like the unauthorized use of a financial transaction device if the amount in controversy is of $1,000,000.00 or more.

Defenses for Fraud

Some defenses for fraud include:
Lack of intent. For example, if you write a bad check while legitimately thinking you had sufficient funds to cover it, this removes the element of intent from fraud crimes.
Entrapment. This is when the police lure you into committing a crime.
Mistaken identity. If your identity is mistaken for that of a person who committed fraud, that would be a defense against the crime(s) charged.