The term of “theft” is applied to many different types of criminal activity. Theft (C.R.S. 18-4-401) in Weld County, Colorado requires proof that a person knowingly obtains or exercises control over anything of value of another without authorization, or by threat or deception, with the intent to permanently deprive the other person of that thing of value. Here at the O'Malley Law Office we are aggressive in the way we deal with allegations of theft. We require strong evidence that theft occurred: That is why you need an experienced theft defense attorney in Greeley. Theft includes crimes such as:
- Burglary - C.R.S. 18-4-202
- Embezzlement and Employee and Workplace Theft - C.R.S. 18-4-401
- Check Fraud - C.R.S. 18-5-205
- Felony Theft - C.R.S. 18-4-401
- Misdemeanor Theft - C.R.S. 18-4-401
- Identity Theft - C.R.S. 18-5-902
- Shoplifting Theft - C.R.S. 18-4-401
- Petty Theft - C.R.S. 18-4-401
- Robbery - C.R.S. 18-4-302
- Vehicle Theft - C.R.S. 18-4-409
What is the Sentence for Theft?
If a person is accused of theft in Greeley, Milliken, or Windsor, Colorado, the charge they face depends on the value of the item allegedly taken.
- Theft of something valued less than $50 is a class 1 petty offense.
- Theft of something valued between $50 and $299 is a class 3 misdemeanor.
- Theft of something valued between $300 and $749 is a class 2 misdemeanor.
- Theft of something valued between $750 and $1,999 is a class 1 misdemeanor.
- Theft of something valued between $2,000 and $4,999 is a class 6 felony.
- Theft of something valued between $5,000 and $19,999 is a class 5 felony.
- Theft of something valued between $20,000 and $99,999 is a class 4 felony.
- Theft of something valued between $100,000 and $999,999 is a class 3 felony.
- Theft of something valued is $1,000,000 or more is a class 2 felony.
More Stolen Items = Harsher Sentence
However, under Colorado law, the 19th Judicial District Attorney can choose to take smaller thefts and add the values of the items stolen in a couple of specific circumstances:
If the thefts occur against the same person during one "scheme or course of conduct", the thefts may be aggregated into one count and the value of the things taken may be combined. So, if a person takes 20 iPods from their employer, each valued at $200, they can be charged with a class six felony instead of 20 misdemeanor counts.
Likewise, if a person commits Theft twice or more within a period of six months, the thefts can be aggregated, regardless of whether the theft is against the same person.
Crimes with an Element of Theft
Theft charges in Weld County, Colorado are intimately linked with charges for Robbery (C.R.S. 18-4-301). Robbery requires proof of the same elements of theft, but requires that the item taken be taken from the presence of the person by force, threats, or intimidation. If a person commits a robbery with a deadly weapon or by a representation that they are armed with a deadly weapon, the Robbery is considered Aggravated (C.R.S. 18-4-302). Theft in Colorado municipalities such as Eaton, Keenseburg, and La Salle may also lead to charges for Burglary (C.R.S. 18-4-202) if a person breaks into and enters premises for the purpose of committing a theft.
Why Do I Need a Theft Defense Attorney?
Theft charges can often arise as a result of misunderstandings between persons regarding the use and possession of personal property. For example:
- An employee may believe that his employer has given him permission to use certain items in a store for his own personal benefit and the employer accuses him of theft.
- A person receives something that was stolen by another as a gift and has no knowledge of the theft. In that case, a person could be accused of theft by receiving (C.R.S. 18-4-410) in Colorado.
Don't let a misunderstanding like these ruin your criminal record and good reputation. If you have been charged with theft by the police, call an experienced theft defense attorney in Greeley at the O'Malley Law Office. We will help you fight these accusations and craft an effective defense.