Criminal impersonation charges in Colorado can arise from a wide range of situations, many of which are more complex than people realize. Wolf Law regularly represents Denver clients accused of criminal impersonation in Colorado, often involving allegations of using a false or fictitious identity, assuming another person’s legal capacity, or acting in a way that exposes someone else to legal liability.
Under Colorado law, criminal impersonation is treated as a serious offense and is frequently charged as a felony. Understanding how the statute works, and what the prosecution must prove, is critical when defending against these allegations.
Wolf Law provides criminal defense representation to clients throughout Colorado, focusing on strategic advocacy and thorough preparation. The firm’s criminal defense practice is led by Jeff Wolf and Colleen Kelley, who work together to guide clients through complex legal challenges. Jeff Wolf and Colleen Kelley are known for their sharp legal analysis and national. They have extensive courtroom experience and thoughtful, client-focused approaches when handling complex criminal cases. Together, they embody Wolf Law’s collaborative philosophy and commitment to guiding clients through every stage of the criminal justice process.
How Colorado Law Defines Criminal Impersonation
Criminal impersonation is defined under Colorado’s criminal code as conduct where a person commits criminal impersonation by assuming a false or fictitious identity or capacity and performing certain acts with intent to unlawfully gain a benefit or to injure or defraud another.
Colorado criminal impersonation focuses on conduct, not just false statements. The offense is committed when a person:
- Assumes a false or fictitious identity
- Assumes another person’s identity or legal capacity
- Uses fictitious personal identifying information
- Performs an act that creates legal consequences for another person
False or Fictitious Identity Explained
A false or fictitious identity may involve using a completely made-up identity or unlawfully using the identity of a real person. This includes using:
- A fictitious identity or capacity
- False or fictitious personal identifying information
- Such identity to interact with courts, officers, or third parties
The person falsely impersonated may be exposed to criminal or civil liability, even though they had no involvement in the conduct.
Acts That Constitute Criminal Impersonation
Colorado law specifies several acts that, when done under a false identity, can result in criminal impersonation charges.
These include situations where a person:
- Becomes bail or surety for a party
- Appears in a court or before an officer authorized to take testimony
- Initiates or defends an action or special proceeding, civil or criminal
- Executes, subscribes, verifies, publishes, acknowledges, or proves a written instrument
- Performs an act that, if done by the person falsely impersonated, might subject such person to criminal or civil liability
Each act must be done with intent to unlawfully gain a benefit or to injure or defraud another.
Criminal Impersonation in Violation of Subsection (1)
Many charges allege criminal impersonation in violation of subsection (1) of the statute. This typically refers to situations where the defendant assumes an identity and performs an act that directly creates legal exposure for another person.
Prosecutors often focus on whether the conduct involved:
- A false impersonation
- A fictitious identity or legal capacity
- A proceeding civil or criminal
- A special proceeding
Marriage and Legal Relationship Allegations
Some criminal impersonation cases involve allegations related to marriage relation or marriage relation toward another.
Examples include:
- Falsely claiming to be legally married
- Acting to sustain the marriage relation under false pretenses
- Representing oneself as another person to marry or to sustain a legal relationship
These cases are rare but taken seriously due to the legal consequences involved.
Role of Police Officers and Authorized Officials
Criminal impersonation frequently involves interactions with a police officer, peace officer, or other officer authorized to perform legal functions.
Examples include:
- Giving a false identity during a traffic stop
- Appearing before a court or officer authorized to take acknowledgments
- Providing false information in an official proceeding
Impersonation before a court or officer is a significant aggravating factor.
Criminal Charges and Classification
Under Colorado law, criminal impersonation is commonly charged as a class 6 felony, although the exact classification depends on the alleged conduct.
A section of the statute specifies that this section is a class felony when the impersonation involves certain acts or legal consequences.
Potential penalties include:
- Jail time or prison time
- Mandatory parole
- Fines and court costs
- A permanent criminal record if found guilty
Criminal Impersonation vs Identity Theft
Although related, criminal impersonation is distinct from identity theft. Criminal impersonation focuses on assuming identity or legal capacity to perform an act, while identity theft typically focuses on financial gain.
However, the same conduct may result in multiple criminal charges under the Colorado criminal code.
What the Prosecution Must Prove
To secure a conviction, the prosecution must prove each element beyond a reasonable doubt, including:
- The defendant assumed a false or fictitious identity
- The defendant performed a qualifying act
- The act was done with intent to unlawfully gain a benefit or injure or defraud another
- The conduct exposed the person falsely impersonated to liability, charge, forfeiture, or penalty
Failure to prove any element can result in dismissal or acquittal.
Common Defenses to Criminal Impersonation Charges
An experienced criminal defense attorney may raise defenses such as:
- Lack of intent to unlawfully gain
- Mistaken identity
- No qualifying act performed
- No actual or potential legal liability created
- Reasonable doubt regarding intent or identity
Each case depends heavily on the facts and surrounding circumstances.
Serious Consequences of a Conviction
A criminal impersonation conviction can lead to severe penalties and long-term consequences, including:
- Prison time
- Mandatory parole
- Difficulty securing employment or housing
- Loss of professional licenses
Because these charges are felonies, early legal intervention is critical.
Why Experienced Legal Representation Matters
Criminal impersonation cases often involve dense statutory language, legal references, and procedural issues involving courts, officers, and special proceedings.
An experienced criminal defense attorney understands how to analyze the statute, identify weaknesses in the prosecution’s case, and protect the rights of the accused throughout the process.
Frequently Asked Questions About Colorado Criminal Impersonation Charges
It depends on the specific conduct involved. Under C.R.S. 18-5-113, criminal impersonation can range from a class 2 misdemeanor up to a class 5 felony. Giving a false name to police to avoid a citation or warrant, for example, is generally charged as a felony, while assuming a false identity for a lesser benefit is more often charged as a misdemeanor.
Criminal impersonation involves assuming a false or fictitious identity to perform an act, while identity theft specifically involves using another real person’s identifying information for financial or other gain. The same conduct can sometimes support both charges depending on the facts.
Yes. This is one of the most common ways criminal impersonation charges arise in Colorado, and providing a fictitious identity to law enforcement to avoid arrest or prosecution is treated as one of the more serious versions of the offense.
Not necessarily. Many criminal impersonation charges focus on the intent to gain a benefit or the potential harm created by the false identity, rather than requiring proof that a victim suffered an actual loss.
Contact an attorney before discussing the allegation with police or anyone else. Call Wolf Law at 720.479.8574 for a free consultation so we can review the specific charge and begin building your defense.
Speak With Wolf Law About Criminal Impersonation Charges
If you are facing criminal impersonation charges in Colorado, the stakes are high. Wolf Law provides experienced criminal defense for Denver clients accused of felony offenses involving identity, legal capacity, and alleged fraud.
Wolf Law offers a free consultation to review your case, explain the law, and discuss your defense options. Call 720.479.8574 today to speak with a criminal defense attorney who understands Colorado criminal impersonation cases.
