Under Colorado law, the unlawful use of a financial transaction device is a serious criminal offense that can result in misdemeanor charges or felony, depending on the value involved. These cases often involve allegations of unauthorized use of a debit card, credit card, or other financial transaction device to obtain cash, credit, property, or services without the account holder’s consent.
At Wolf Law in Denver, we defend individuals facing criminal charges for financial transaction crimes, including unlawful use, criminal possession, and related fraud allegations. These cases are often complex and depend heavily on intent, notice, and the total value of the financial transactions involved. Because financial transaction cases frequently rely on transaction records, timelines, and circumstantial evidence, early and strategic legal analysis is critical.
Wolf Law is proud to serve clients across Colorado with experienced, compassionate criminal defense built on teamwork, strategy, and courtroom excellence. Jeff Wolf and Colleen Kelley work side by side to lead the firm’s criminal defense practice, combining decades of trial experience and a shared commitment to protecting clients’ rights and futures. Known for his clear legal insight and national commentary on high-profile criminal cases, Jeff Wolf brings strategic perspective and thought leadership, while Colleen Kelley adds extensive courtroom experience and a steady, client-focused approach to complex criminal cases involving serious allegations. Together, they reflect Wolf Law’s collaborative, client-centered approach to defending individuals at every stage of the criminal justice process.
What Is a Financial Transaction Device Under Colorado Law?
A financial transaction device includes any card, code, account number, or other means of access used to initiate a financial transaction. This commonly includes:
- Credit cards
- Debit cards
- ATM cards
- Blank financial transaction devices
- Expired or revoked devices
Colorado law applies whether the device is physical or digital and whether the transaction involves cash, credit, property, or services.
What Does “Unlawful Use” Mean?
A person commits unauthorized use of a financial transaction device when they knowingly use a transaction device that is unauthorized, expired, revoked, or obtained without permission with intent to defraud.
This includes using the device for the purpose of:
- Obtaining cash
- Making a financial payment
- Obtaining credit, property, or services
The law applies even if the transaction device belongs to another person and the accused is not the account holder.
Criminal Possession vs. Unlawful Use
Colorado distinguishes between:
Criminal Possession
A person commits criminal possession when they knowingly possess a financial transaction device without permission and with intent to use it unlawfully.
Unlawful Use
Unlawful use involves actually making a financial transaction, such as purchasing services, withdrawing cash, or charging property to the device.
Both offenses can lead to criminal charges.
Notice and Prima Facie Evidence
Colorado law includes specific notice provisions. In some cases, registered or certified mail, sent to the last address of the account holder with return receipt requested, may serve as notice that the device is unauthorized.
A signed returned receipt, duly stamped, may be used as prima facie evidence of notice in court. However, notice alone does not prove guilt beyond a reasonable doubt.
Expired or Revoked Devices
A person may be charged if they use a financial transaction device that has expired or has been revoked by the issuer thereof, particularly after notice has been given.
Using a device after it has expired or been revoked may support allegations of fraudulent intent, depending on the circumstances.
Value Thresholds and Penalties
The severity of the charge depends on the total value of cash, credit, property, or services obtained within a six-month period using a single financial transaction device.
Common thresholds include:
- Three hundred dollars or less – petty offense
- One thousand dollars or more – misdemeanor if the value meets statutory limits
- Five thousand dollars, twenty thousand dollars, or more – felony charges
- One million dollars or more – severe felony exposure
A class 5 felony may apply if the value exceeds statutory limits, and felony convictions can carry mandatory parole and significant prison exposure.
What Prosecutors Must Prove
To obtain a conviction, the prosecution must prove beyond a reasonable doubt that:
- The device was unauthorized
- The defendant used the financial transaction device
- The defendant acted with intent to defraud
- The defendant obtained or attempted to obtain cash, credit, property, or services
- The value thresholds were met
Evidence often includes transaction records, surveillance footage, mailing records, and testimony from the account holder or issuer.
Common Situations Leading to Charges
Charges often arise from:
- Using another person’s debit card or credit card
- Using a transaction device after permission was revoked
- Using a blank financial transaction device
- Making repeated financial payments over time
- Obtaining services or property without authorization
Each case depends on intent, knowledge, and value.
Defenses to Unlawful Use Charges
Possible defenses may include:
- Lack of intent to defraud
- Authorization from the account holder
- Mistaken identity
- Insufficient evidence of value
- Improper notice
- No knowledge that the device was unauthorized
Every case requires careful review of financial records and notice procedures.
Why These Charges Are Taken Seriously
A conviction for unlawful use of a financial transaction device can result in:
- Jail or prison time
- A permanent criminal record
- Mandatory parole
- Significant fines
- Long-term employment and financial consequences
Even misdemeanor convictions can have lasting effects.
Criminal Defense Matters Early
Financial crimes are often investigated long before charges are filed. Statements made to law enforcement or financial institutions can later be used as evidence. Early legal representation is critical to protecting your rights.
Speak With a Denver Criminal Defense Attorney
If you are accused of unlawful use of a financial transaction device in Colorado, you need experienced legal counsel immediately. These cases are detail-driven and aggressively prosecuted.
Wolf Law, based in Denver, Colorado, defends individuals facing financial crime allegations, including unauthorized use, criminal possession, and fraud-related offenses.
Call 720.479.8574 today to schedule a free consultation with Wolf Law and discuss your defense options.
