Residents of Colorado should be cautious with the laws of unauthorized use of financial transaction device (C.R.S. §18-5-702). At times, there are instances when a person accuses another of using their credit or debit card, and the accused individual could be facing charges. If you are being accused or are facing charges for an unauthorized card contact an experienced attorney.
Financial Transaction Device Crime Lawyer in Colorado Springs, CO
If you were caught using an expired or cancelled credit card, or if you attempted to use an unauthorized card, you can be facing charges. Retaining an attorney at the earliest stages of your case can help you. At Law Offices of Clifton Black, PC, our experienced and skilled attorneys will work tirelessly for the most favorable outcome. We work with clients in Colorado Springs and across the surrounding areas of El Paso, Denver, and Arapahoe Counties. Call us at (719) 328-1616 to schedule a free initial consultation.
Overview of Unauthorized Use of a Financial Transaction
Under Colo. Rev. Stat. §18-5-702, “a person commits unauthorized use of a financial transaction device for the purpose of obtaining cash, credit, property, or services, or for making financial payments, with the intention to defraud, and with the notice that either (a)the financial transaction device has expired, has been revoked, or has been cancelled; or (b) For any reason his use of the financial transaction device is unauthorized either by the issuer thereof or by the account holder.” In other words, an individual can face charges if caught using an expired credit card. Likewise, if an individual accuses another of using their debit or credit card after stating that he or she could not use the card, the accused individual could be facing charges because the use of the financial transaction device was unauthorized.
Below are the penalties for unauthorized use of a financial transaction device:
|Value of Property||Level of Offense|
|Less than $50||Class 1 Petty Offense|
|$50 – $299||Class 3 Misdemeanor|
|$300 – $749||Class 2 Misdemeanor|
|$750 – $1,999||Class 1 Misdemeanor|
|$2,000 – $4,999||Class 6 felony|
|$5,000 – $19,999||Class 5 felony|
|$20,000 – $99,999||Class 4 felony|
|$100,000 – $999,999||Class 3 felony|
|More than $1 million||Class 2 felony|
Below are some related offenses to unauthorized use of a financial transaction device:
- Identity Theft – The act of stealing someone’s personal information with the intention of obtaining something such as money or a social security card. Credit card fraud can fall under the umbrella of identity theft.
- Money Laundering – Per Colo. Rev. Stat. §18-5-309 an individual commits the act of money laundering when he or she knowingly makes a payment, sale, delivery or transfer, to intentionally conceal or disguise the origin, ownership, source, nature, location, or control of the funds while knowing it is a result of a criminal activity.
- White collar crimes – White collar crimes can be prosecuted on the state and federal level depending on whether state or federal laws were violated.
Unauthorized use of a financial transaction device – Visit the link to view the Colorado Revised Statutes 2018. Colo. Rev. Stat. §18-5-702 defines the criminal activity, and the punishments. The document also provides relevant information on other offenses under title 18 such as identity theft, cybercrimes, money laundering, etc.
Attorney for Unauthorized Use of a Financial Transaction Device
Being charged with a crime is an extremely stressful situation. Attempting to understand Colorado Statutes, court procedures and possible criminal consequences is an arduous task. At Law Offices of Clifton Black, PC, our legal team will take the time to review the facts of your case, keep you informed, and aggressively fight for a favorable outcome. The skilled attorneys at Law Offices of Clifton Black, PC have an in-depth knowledge of Colorado law. With our resources and skills, we can create a strong defense to fight your charges. We represent clients throughout the greater El Paso County area including El Paso County, Denver County and Arapahoe County. Call us at (719) 328-1616 to schedule a confidential consultation.