Weld County Misdemeanor Theft Attorney

When an accusation is made that someone stole something and the value of that item is less than $2,000, misdemeanor Theft is usually charged.

What is the Definition of Misdemeanor Theft?

Theft – C.R.S. 18-4-401 – is defined by Colorado law as:

A person commits theft when he or she knowingly obtains, retains, or exercises control over anything of value of another without authorization or by threat or deception; or receives, loans money by pawn or pledge on, or disposes of anything of value or belonging to another that he or she knows or believes to have been stolen, and:

  1. Intends to deprive the other person permanently of the use or benefit of the thing of value;
  2. Knowingly uses, conceals, or abandons the thing of value in such manner as to deprive the other person permanently of its use or benefit;
  3. Uses, conceals, or abandons the thing of value intending that such use, concealment, or abandonment will deprive the other person permanently of its use or benefit;
  4. Demands any consideration to which he or she is not legally entitled as a condition of restoring the thing of value to the other person; or
  5. Knowingly retains the thing of value more than seventy-two hours after the agreed-upon time of return in any lease or hire agreement. (i.e. rental car)

In Greeley, Windsor and Erie, this definition means that you take something from someone (person or business) with the intention to permanently keep it from that person.

What is the Sentence for Misdemeanor Theft?

The punishment for Theft is based on the value of the stolen property in Weld, Morgan and Logan County. As the item’s value increases, so does the sentence.

Petty and Misdemeanor Theft Offenses:

 

Class 1 Petty Offense

Class 3 Misdemeanor Class 2 Misdemeanor Class 1 Misdemeanor
Item Price Range

Less than $50

$50 to $299 $300 to $749 $750 to $1,999
Maximum Penalty *$500 fine
*6 months jail
*$750 fine
*6 months jail
*$1,000 fine
*12 months jail

*$5,000
*18 months jail

What are Some Examples of Misdemeanor Theft?

Most shoplifting theft cases we see are charged as misdemeanor Theft. When someone is accused of taking or trying to take something from a store without paying, this is considered shoplifting and will be charged as Theft.

We also have handled domestic cases, where an ex-wife is seeking revenge and accuses her ex-husband of stealing from their home. In these cases Theft – Domestic Violence would be charged and the DV sentence enhancer would allow for harsher punishments including evaluations and treatment.

What are Some Examples of Felony Theft?

Many of the felony Theft cases we see are employer theft. When an employee deals with company money and takes some for himself, either through pocketing cash, writing himself business checks, or giving himself a check or credit card refund, he commits employer theft. Judges tend to punish employer theft harshly because of the trust relationship an employer and employee has. Because this trust is broken, the courts see it as a more serious crime than stranger theft. In other cases, shoplifting expensive items or those which add up to a total of two thousand dollars or more can result in felony charges. With the devaluation of our dollar, prices on several small items can quickly add up to a felony.

Why You Need an Attorney for Your Theft Charges

Our experienced lawyers have won many of these cases by getting involved early in the case. In domestic violence cases, we know alleged Victims all have motives for their false reports to police – together we can find these and expose them to the jury. Sometimes, good people make mistakes. We can minimize the consequences and give you back your future if you made a bad decision under the influence of alcohol or because you felt you were entitled to the property. Look at our results page to see what other clients of our firm have experienced after hiring us.

CHARGED WITH MISDEMEANOR THEFT IN GREELEY OR WELD COUNTY?

Be smart, exercise your right to remain silent, and call the experienced defense attorneys at the O’Malley Law Office.

Call 970-616-6009 or fill out the Get Help Now form to meet with an experienced criminal defense lawyer in Weld County and the Greeley area for a free consultation. 

Together, we can protect your future.

Get Help Now!