White Collar Crime

Many crimes do not involve violence or the threat there of. White collar crime is a complicated subject. It often involves political or industrial intrigue. Accusations can destroy a business, a person's private fortune, and/or put their liberty at risk. These cases are of the utmost importance in protecting your reputation and freedom.

Public Employees such as prison guards, probation officers, police officers, sheriff's deputies or other members of government can sometime be charged with violating regulations associated with their office as crimes. This prosecutions can be highly aggressive and it is important to have aggressive legal representation of the sort that Smith & Weidinger can provide:

First Degree Official Misconduct, C.R.S. 18-8-404

(1) A public servant commits first degree official misconduct if, with intent to obtain a benefit for the public servant or another or maliciously cause to cause harm to another, he or she knowingly;

(a) commits an act relating to his office but constituting an unauthorized exercise of his official function; or

(b) refrains from performing a duty impose upon him by law; or

(c) violates any statute or lawfully adopted rule or regulation related to his office.

(2) First degree official misconduct is a class 2 misdemeanor.

Second Degree Official Misconduct, C.R.S. 18-8-405

(1) A public servant commits second degree official misconduct if he knowingly, arbitrarily, and capriciously:

(a) refrains from performing a duty imposed him upon law; or

(b) violates any statute or lawfully adopted rule or regulation relating to his office.

(2) Second degree official misconduct is a class 1 petty offense.

Embezzlement of Public Property, C.R.S. 18-8-407

(1) Every public servant who lawfully or unlawfully comes into possession of any public moneys or public property of whatever description, being the property of the state or of any political subdivision of the state, and who knowingly converts any of such public moneys or property to his own use or to any use other than the public use authorized by the law is guilty of embezzlement of public property. Every person convicted under the provisions of this section shall be forever ineligible and disqualified from being a member of the general assembly of this state or from holding any office of trust or profit in this state.

(2) Embezzlement of public property is a class 5 felony.

Perjury in the First Degree, C.R.S. 18-8-502

(1) A person commits perjury in the first degree if in any official proceeding he knowingly makes a materially false statement, which he does not believe to be true, under an oath required or authorized by law.

(2) knowledge of the materiality of the statement is not an element of this crime, and the defendant's mistaken belief that his statement was not material is not a defense is not a defense, although it may be may be considered by the court in imposing sentence.

(3) Perjury in the first degree is a class 4 felony.

Perjury in the Second Degree, C.R.S. 18-8-503

(1) A person commits perjury in the second degree if, other in an official proceeding, with an intent to mislead a public servant in the performance of his duty, he makes a materially false statement, which he does not believe to be true, under an oath required by law.

(2) Perjury in the second degree is a class 1 misdemeanor.

Perjury in the Second Degree can sometimes be charged against someone applying to buy a firearm (gun) or applying for a concealed carry permit. It is important to protect your Second Amendment rights and to not be railroaded on this charge.

Bribery, C.R.S. 18-8-302

(1) A person commits the crime of bribery, if:

(a) he offers, confers, or agrees to confer any pecuniary benefit upon a public servant with the intent to influence the public servant's vote, opinion, judgment, exercise of discretion, or other action in his official capacity, or

(b) while a public servant, he solicits, accepts, or agrees to accept any pecuniary benefit upon an agreement or understanding that his vote, opinion, judgment, exercise of discretion, or other action as a public servant will thereby be influenced.

(3) Bribery is a class 3 felony.

Violation of bail bond conditions aka VBBC, C.R.S. 18-8-212

(1) A person who is released on bail bond of whatever kind, and either before, during, or after release is accused by complaint, information, indictment, or the filing of a delinquency petition of any felony arising from the conduct for which he was arrested, commits a class 6 felony if he knowingly fails to appear for trial or other proceedings in the case in which the bail bond was filed of if he knowingly violates the conditions of the bail bond.

(2) A person who is released on bail bond of whatever kind, and either before, during or after release is accused by complaint, information, indictment, or the filing of a delinquency petition, arising from the conduct for which he was arrested, commits a class 3 misdemeanor if he knowingly fails to appear for trial or other proceedings in the case in which the bail bond was filed or if he knowingly violates the conditions of the bail bond.

Impersonating a Public Servant, 18-8-113

(1) a person commits impersonating a public servant if he falsely pretends to be a public servant other than a peace officer and performs any act in that pretended capacity.

(2) it is no defense to a prosecution under this section that the office the actor pretended to hold did not if fact exist.

(3) impersonating a public servant is a class 3 misdemeanor.

Abuse of a Public Records, C.R.S. 18-8-114

(1) a person commits a class 1 misdemeanor if:

(a) the person knowingly makes a false entry in or falsely alters any public record; or

(b) knowing the person lacks the authority to do so, the person knowingly destroys, mutilates, conceals, removes, or impairs, the availability of any public record; or

(c) knowing the person lacks the authority to retain the record, the person refuses to deliver up a public record in the person's possession upon proper request of any person lawfully entitled to receive such record.

(d) knowing the person has not been authorized by the custodian of the public record to do so, the person knowingly alters any public record.

(2) As used in this section, the term "public records" includes all official books, papers, or records created, received, or used by or in any governmental office or agency.