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The Colorado Crime Of Attempt to Influence a Public Servant 18-8-306

If you have been charged with the crime of The Colorado Crime Of Attempt to Influence a Public Servant 18-8-306 in the Colorado Criminal Code – you will need to know at least three things about that charge.

First, what are “the elements” of the crime or crimes – that means – what is required to prove this crimes or these crimes in a Colorado Court of Criminal Law beyond a reasonable doubt?

While this can be extracted from the law (below) the Colorado jury instruction on the law, if available, is also a great source of breaking out the elements of the law.

Here are the elements broken out:

18-8-306, C.R.S.

The elements of this offense are

(1) an attempt to influence a public servant;

(2) by means of deceit or by threat of violence or economic reprisal;

and

(3) with the intent to alter or affect the public servant’s decision or action.

Second, you need to know what “level” the crime is.  Is it a felony or a misdemeanor?  Or is it a petty offense – or a Municipal Code (City) violation? This tells you the possible penalties or punishment for this crime under he law.

Third, you need access to be able to read the entire law – the statute itself to study exactly how it is drafted.

Here is the Colorado Crime of:

The Colorado Crime Of Attempt to Influence a Public Servant 18-8-306

Any person who attempts to influence any public servant by means of deceit or by threat of violence or economic reprisal against any person or property, with the intent thereby to alter or affect the public servant’s decision, vote, opinion, or action concerning any matter which is to be considered or performed by him or the agency or body of which he is a member, commits a class 4 felony.

An Example of this Crime

Where a person stopped for a traffic crime gives a false name to a police officer during a traffic stop with the intent to alter officer’s official actions toward defendant, he may be charged with this crime

Compare the crime of false reporting to authorities – the latter is NOT a specific instance of the crime of attempting to influence a public servant. False reporting punishes those who provide untruthful information to public officials, regardless of an attempt to influence the public official.

One Act – Many Colorado Crimes

In the state of Colorado, a single transaction can give rise to the violation of more than one criminal law. If that happens – – that is – conduct may establish the commission of more than one offense and a defendant may be prosecuted for each such offense.” § 18-1-408(1), C.R.S.

And Then Compare Criminal Impersonation Section 18-5-113 CRS

The elements of criminal impersonation are (1) assumption of a false or fictitious identity or capacity, (2) performed with any other act with intent to unlawfully gain a benefit, or to injure or defraud another. § 18-5-113(1)(b)(II), C.R.S.  The crime of criminal impersonation intends  to punish those who assume a fictitious identity with the intent to receive a benefit.

The attempt to influence offense can happen without an assumption of a false identity at all.

The Colorado Crime Of Attempt to Influence a Public Servant 18-8-306

Denver Colorado Criminal Defense Lawyer

ABOUT THE AUTHOR: H. Michael Steinberg – Email The Author  [email protected] or call his office at 303-627-7777 during business hours – or call his cell if you cannot wait and need his immediate assistance – 720-227-7777.

If you are charged with A Colorado crime or you have questions about the Colorado Crime Of Attempt to Influence a Public Servant 18-8-306, please call our office. The Law Offices of H. Michael Steinberg, in Denver, Colorado, provide criminal defense clients with effective, efficient, intelligent and strong legal advocacy. We can educate you and help you navigate the stressful and complex legal process related to your criminal defense issue.

H. Michael Steinberg, is a Denver, Colorado criminal defense lawyer with over 40 years of day to day courtroom experience –  specializing in Colorado Criminal Law along the Front Range.  He will provide you with a free initial case consultation to evaluate your legal issues and to answer your questions with an honest assessment of your options.  Remember, it costs NOTHING to discuss your case.  So call now for an immediate free phone consultation.

 Helping Clients To Make Informed Decisions In the Defense of Colorado Criminal Cases.

Colorado Defense Lawyer H. Michael Steinberg provides solid criminal defense for clients throughout the Front Range of Colorado – including the City and County courts of Adams County, Arapahoe County, City and County of Boulder, City and County of Broomfield, City and County of Denver, Douglas County, El Paso County – Colorado Springs, Gilpin County, Jefferson County, Larimer County, and Weld County,…. and all the other cities and counties of Colorado along the I-25 Corridor… on cases involving …the Colorado Crime Of Attempt to Influence a Public Servant 18-8-306.

Other Articles of Interest:

• Perjury in the second degree 18-8-503 (2)
• Colorado State DUI and Traffic Criminal Issues
• Colorado Felonies – Felony Perjury 18-8-502 CRS
• Perjury (18-8-503), (18-8-504).
• Colorado Crimes of Conspiracy, Attempt, and Solicitation Crimes – The Unfinished or Inchoate Crimes