Statute for 18 – 5 – 305 – Altering An Identification Number
Here is the charge you are facing:
18-5-305. Identification number – altering – possession
(1) A person commits the crime of altering identification number if, with intent that identification of an article be hindered or prevented, he obscures an identification number or in the course of business he sells, offers for sale, leases, or otherwise disposes of an article knowing that an identification number thereon is obscured.
(2) “Identification number” means a serial or motor number placed by the manufacturer upon an article as a permanent individual identifying mark.
(3) “Obscure” means to destroy, remove, alter, conceal, or deface so as to render illegible by ordinary means of inspection.
(4) Possession of an article on which an identification number is obscured is prima facie evidence that the person possessing it obscured the number with intent to hinder or prevent identification of the article, and that he knows that the identification number is obscured, unless, prior to his arrest or the issuance of a warrant for a search of the premises where the article is kept, whichever is earlier, he reports possession of the article to the police or other appropriate law enforcement agency.
(5) Altering identification number is a class 3 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, Criminal 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 Altering An Identification Number
The charge of Altering An Identification Number, 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 Denver Colorado Criminal 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 Denver Colorado Criminal 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 Altering An Identification Number below. These will be adapted by your Denver Colorado Attorney for your case.
The elements of the crime of altering an identification number are: 1. That the defendant, 2. in the State of Colorado, at or about the date and place charged, 3. with intent that identification of an article be hindered or prevented, 4. [obscured an identification number] [in the course of business sold, offered for sale, leased, or otherwise disposed of an article with knowledge that an identification number thereon was obscured]. 5. without the affirmative defense in 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 altering an identification number. After considering all the evidence, if you decide the prosecution has failed to prove each of the elements beyond a reasonable doubt, you should find the defendant not guilty of altering an identification number. NOTES ON USE Delete inapplicable bracketed material. The committee takes no position as to whether or not the following provision of the statute is the proper subject of an instruction: “Possession of an article on which an identification number is obscured is prima facie evidence that the person possessing it obscured the number with intent to hinder or prevent identification of the article, and that he knows that the identification number is obscured, unless, prior to his arrest or the issuance of a warrant for a search of the premises where the article is kept, whichever is earlier, he reports possession of the article to the police or other appropriate law enforcement agency.” ? 18-5-305(4), C.R.S. When this instruction is used, the applicable definitions of “identification number” and “obscure” must be given.
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 CO 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 Altering An Identification Number.
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.