Statute for 18 – 5 – 110 – Criminal Simulation
Here is the charge you are facing:
18-5-110. Criminal simulation
(1) A person commits a criminal simulation, when:
(a) With intent to defraud, he makes, alters, or represents any object in such fashion that it appears to have an antiquity, rarity, source or authorship, ingredient, or composition which it does not in fact have; or
(b) With knowledge of its true character and with intent to use to defraud, he utters, misrepresents, or possesses any object made or altered as specified in paragraph (a) of this subsection (1).
(2) Criminal simulation is a class 1 misdemeanor.
When you look at the Statute, you may have questions about definitions of certain words or how the Colorado Court will interpret certain phrases. To answer these questions, Defense Attorney turn to "case law." That is, lawyers look at previous cases to determine how these words and phrases should be defined and interpreted. The best way to locate caselaw for free is to go to google scholar and search for legal opinions involving your charges from Colorado courts. Remember to talk to your attorney about any issues in your case and how the lawyer believes that the issues should be handled.
Colorado Penalties for Criminal Simulation
The charge of Criminal Simulation, is categorized as a:
Click here to find out how much jail time is associated with this penalty.
How to Use This Information
After you have hired a CO Defense Attorney, you will need to sit down with him to talk about the strengths and weaknesses of your case. To begin this process, you should think about what the prosecutor will attempt to show in order to say that you are guilty. This involves analyzing the statute language above as well as the jury instructions (which is the set of instructions that the jury will use to understand the law). This will allow you to get a better idea of how you can attack the prosecutor’s case and build your own case. So to begin, you should understand that the prosecutor will need to prove certain things beyond a reasonable doubt for you to be found guilty. These things are called “elements”.
The jury will be notified of the elements through a set of instructions called “Jury Instructions.” The Jury Instructions will be crafted by your attorney and the prosecutor. Your CO Defense Attorney will mold the jury instructions to your case, adding facts that are specific to the case and omitting unnecessary parts of the instructions.
Please find the model jury instruction for Criminal Simulation below. These will be adapted by your CO Attorney for your case.
The elements of the crime of criminal simulation are: 1. That the defendant, 2. in the State of Colorado, at or about the date and place charged, 3. [with intent to defraud, 4. made, altered, or represented any object in such a fashion that it appeared to have antiquity, rarity, source or authorship, ingredient, or composition, 5. which the object did not, in fact, have.] -or- 3. [with knowledge of its true character, and 4. with intent to defraud, 5. [uttered] [misrepresented] [possessed] any object made or altered in such a fashion that it appeared to have an antiquity, rarity, source or authorship, ingredient, or composition, 6. which the object did not, in fact, have.] [6 or 7. without the affirmative defense instruction number ____.] After considering all the evidence, if you decide the prosecution has proven each of the elements beyond a reasonable doubt, you should find the defendant guilty of criminal simulation. After considering all the evidence, if you decide the prosecution has failed to prove any one or more of the elements beyond a reasonable doubt, you should find the defendant not guilty of criminal simulation. NOTES ON USE Delete inapplicable bracketed material.
To begin the process of analyzing your case, think about your case from the perspective of the prosecutor. Think about the facts that the prosecutor will have to prove to establish each element. Next, sit down with your Denver Colorado Criminal Defense Attorney and talk about some of the legal ways that you can use to counter the prosecutor’s evidence. Talk to your attorney about whether he thinks any of the prosecutor’s evidence can be kept out of court. For example, if you were illegally searched, your attorney may be able to keep the things that were found, as a result of that illegal search, out of court. Additionally, talk to your attorney about whether you have any defenses to Criminal Simulation.
Don’t Forget about Immigration:
If you are not a U.S. citizen, be sure to ask your attorney whether your charges will trigger deportation if you are found guilty or plea to the charge.
The information in this post is for informational purposes only and should not be construed as legal advice or as the creation of an attorney-client relationship. For legal advice, please contact an Attorney.