Getting arrested for DUI does not mean you will be convicted. Police misconduct, defective breathalyzers and crime lab mistakes may be enough to get your charges lessened or dismissed. Visit our page on Colorado DUI Laws to learn more.
falsely pretending to be an officer of the law, and
performing an act while pretending that role
For example, donning a police uniform and conducting Terry stops (“stop and frisks”) would be criminal impersonation. But simply showing up to a costume party in a police costume would be legal.
The most effective way to fight criminal impersonation allegations turns on the unique circumstances of each case. Three common defenses include the following:
No impersonation occurred;
Even if the defendant did impersonate someone, no underlying crime (listed above) occurred; or
Even if the defendant did impersonate someone, he/she had no intent to defraud.
In some cases, it may be a defense that the defendant had the other person’s consent to impersonate him/her. But this may not be a sufficient defense if the impersonation still caused others harm or unjustly enriched the defendant.
In every criminal case, the D.A. has the burden to prove the defendant’s guilt beyond a reasonable doubt. Typical evidence in these types of cases may include:
documents signed by the alleged impersonator
video or audio recordings
written communications (such as text messages or emails)
Criminal impersonation is generally a class 6 felony in Colorado. The punishment includes:
Impersonating a peace officer is also a class 6 felony in Colorado. The punishment includes:
1 year to 18 months in prison;
a fine of $1,000 to $100,000; and
mandatory 1 year of parole
Meanwhile, impersonating a public servant other than a peace officer is only a class 2 misdemeanor carrying up to 120 days in jail and/or up to $750 in fines. (Prior to March 1, 2022, this crime was a class 3 misdemeanor carrying up to 6 months in jail and/or $50 to $750. SB21-271.)
About the Author
Michael Becker has over a quarter-century's worth of experience as an attorney and more than 100 trials under his belt. He is a sought-after legal commentator and is licensed to practice law in Colorado, Nevada, California, and Florida.