Weld County Car Theft Attorney
Why is Car Theft Considered Aggravated?

A person is wanted for Aggravated Motor Vehicle Theft (Car Theft) after taking a car with a dog in it and driving 200 miles before leaving it.

I recently read a news article about a car theft and the man’s dog was still inside. The man left his border collie, Wuki, in the car with the air conditioner running while he went to get a coffee. All the doors were locked except one so he could get back into the vehicle. However, when he returned with his coffee, the car and the dog were gone. The stolen car was found almost 200 miles away in Trinidad, Colorado and the dog was fine. Maybe someone just couldn’t afford an Uber for that long of a trip?

Greeley Aggravated Motor Vehicle Theft Lawyer: What is the Definition of Car Theft?

Many of us refer to a car theft in of the following terms: ‘grand theft auto,’ ‘breaking into a car,’ or ‘stealing cars.’ But in Greeley, Sterling, and Fort Morgan, Colorado, the law considers it Aggravated Motor Vehicle Theft – C.R.S. 18-4-409. In order for a person to be charged with this crime, they must take control of a vehicle without permission or by using threats or lies AND one of the following must apply:

  • Keeps control of the vehicle for more than 24 hours;
  • Changes or attempts to change the appearance of the vehicle;
  • Changes or removes the VIN number;
  • Uses the vehicle to commit another crime;
  • Causes $500 or more in damage to the vehicle;
  • Causes bodily injury to someone while in control of the vehicle;
  • Takes the vehicle out of the state for more than 12 hours; or
  • Changes or uses other license plates on the vehicle.

Now, interestingly, none of the above scenarios, or aggravators, apply to the person who took the car. This would most likely lead to a 2nd Degree Aggravated Motor Vehicle Theft charge, as the person took the car without permission, but did not actually have any of the aggravators present. Funny how it’s still considered Aggravated Car Theft, though.

What is the Sentence / Punishment for Aggravated Motor Vehicle Theft in the Second Degree in Weld County?

Second Degree Aggravated Motor Vehicle Theft is charged as a felony or misdemeanor crime in Weld, Morgan, and Logan County. The level felony or misdemeanor that is charged depends on the value of the vehicle:

  • Class 5 felony – if the vehicle is $20,000 or more
  • Class 6 felony – if the vehicle is $1,000 – $19,999
  • Class 1 misdemeanor – if the vehicle is less than $1,000

If you or someone you love has been charged with Aggravated Motor Vehicle Theft, be smart, exercise your right to remain silent, and contact the best criminal defense attorneys from the O’Malley Law Office at 970-616-6009 today. Together, we can protect your future.

Image Source: Pixabay-rmgaylord0