Theft

Colorado Motor Vehicle Theft Defense Attorney

Theft is a very commonly charged offense. However, the penalties can be severe. Experienced counsel is very important in this type of matter and I am very experienced in these situations. Do NOT hesitate to contact me to protect your rights.

There are at least 18 different sections listed under the theft statute. Only the most common and widely used sections will be listed here:

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Theft

A person can be charged with Theft if any of the following applies:
A person knowingly obtains or exercises control over anything of value of another without authorization, or by threat or deception, AND:
a) Intends to deprive the other person permanently of the use or benefit of the thing of value; or
b) Knowingly uses, conceals, or abandons the thing of value in such manner as to deprive the other person permanently of its use or benefit; or
c) Uses, conceals, or abandons the thing of value intending that such use, concealment, or abandonment will deprive the other person permanently of its use and benefit; or,
d) Demands any consideration to which he/she is not legally entitled as a condition of restoring the thing of value to the other person.

The penalties for Theft are as follows:

Property value :

Class 5 felony
Possible sentence: 1 - 3 years in prison with a mandatory parole term of 2 years following release.
A person can be charged with a Class 5 felony Theft if any of the following applies:
Theft from the person of another without the use of force, threat, or intimidation regardless of value.

Theft of Rental Property

A person can be charged with Theft of Rental Property if any of the following applies:
1) A person obtains the temporary use of personal property of another, which is available only for hire, by means of threat or deception, or knowing that such use is without the consent of the person providing the personal property ; or
2) Having lawfully obtained possession for temporary use of the personal property of another which is available only for hire, knowingly fails to reveal the whereabouts of or to return said property to the owner thereof or his representative or to the person from whom he has received it within seventy-two (72) hours after the time at which he/she agreed to return it.

The penalties for Theft of Rental Property are as follows:

Aggravated Theft of a Motor Vehicle

FIRST DEGREE AGGRAVATED THEFT OF A MOTOR VEHICLE
A person can be charged with First Degree Aggravated Theft of a Motor Vehicle if any of the following applies:
A person knowingly obtains or exercises control over the motor vehicle of another without authorization or by threat or deception AND:
a) retains possession or control of the motor vehicle for more than twenty-four (24) hours; or,
b) attempts to alter or disguise or alters or disguises the appearance of the motor vehicle; or,
c) attempts to alter or remove or alters or removes the vehicle identification number; or,
d) uses the motor vehicle in the commission of a crime other than a traffic offense; or,
e) causes $500 or more property damage, including but not limited to property damage to the motor vehicle involved, in the course of obtaining control over or in the exercise of control of the motor vehicle; or,
f) causes bodily injury to another person while he/she is in the exercise of control of the motor vehicle; or,
g) removes the motor vehicle from this state for a period of time in excess of twelve (12) hours; or,
h) unlawfully attaches or otherwise displays in or upon the motor vehicle license plates other than those officially issued for the motor vehicle.

The penalties for FIRST DEGREE AGGRAVATED THEFT OF A MOTOR VEHICLE are as follows:

If the value of the motor vehicle is less than $20,000: Class 4 felony - Possible sentence: 2 - 6 years in prison with a mandatory parole term of 3 years following release.
If the value of the motor vehicle is more than $20,000: Class 3 felony - Possible sentence: 4 -12 years in prison with a mandatory parole term of 5 years following release.

SECOND DEGREE AGGRAVATED THEFT OF A MOTOR VEHICLE
A person can be charged with Second Degree Aggravated Theft of a Motor Vehicle if any of the following applies:
A person knowingly obtains or exercises control over the motor vehicle of another without authorization or by threat or deception and IF none of the aggravating factors for First Degree Aggravated Theft of a Motor Vehicle are involved.

The penalties for SECOND DEGREE AGGRAVATED THEFT OF A MOTOR VEHICLE are as follows:

If the value of the motor vehicle is $20,000 or more: Class 5 felony - Possible sentence: 1 - 3 years in prison with a mandatory parole term of 2 years following release.
If the value is $1000 - $20,000: Class 6 felony - Possible sentence: 1 - 1.5 years in prison with a mandatory parole term of 1 year following release.
If the value is less than $1000: Class 1 Misdemeanor - Possible sentence: 6 - 18 months, $500 - $5000 fine or both

Theft by Receiving

A person can be charged with Theft by Receiving if any of the following applies:
When he/she receives, retains, loans money by pawn or pledge on, or disposes of anything of value of another, knowing or believing that said thing of value has been stolen, and when he/she intends to deprive the lawful owner permanently of the use or benefit of the thing of value.

The penalties for Theft by Receiving are as follows:

Property value:

If the person is engaged in the business of buying, selling or otherwise disposing of stolen goods for a profit and the value is $1000 or more: Class 3 felony - Possible sentence: 4 -12 years in prison with a mandatory parole term of 5 years following release.