The penalty for Theft in Weld County depends on the value of the property involved and can be charged as either a misdemeanor or felony. If you are accused of stealing an item from a store, the police will look at the new value of that item in determining whether to give you a felony theft charge or a misdemeanor theft charge. The cut-off value for a felony is normally $2,000. Anything below Two Thousand Dollars is charged as a misdemeanor and anything Two Thousand Dollars and above is charged as a felony. If you are facing Misdemeanor or Felony Theft charges in Ft. Collins or Larimer County get help here.
Definition of Theft, C.R.S. 18-4-401, in Colorado
The legal definition of Theft, C.R.S. 18-4-401, in Colorado is:
(1) 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:
(a) Intends to deprive the other person permanently of the use or benefit of the thing of value;
(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;
(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 or benefit;
(d) 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
(e) Knowingly retains the thing of value more than seventy-two hours after the agreed-upon time of return in any lease or hire agreement.
What is the Difference in Weld County Between Felony Theft and Misdemeanor Theft?
In Weld County the difference Between Felony Theft and Misdemeanor Theft (sometimes called Larceny) as it is commonly referred to is the value of the item(s) taken. However, in the instance that the victim of the Theft is elderly or considered an “at risk” person then the charge is immediately a Felony regardless of the value of the item. C.R.S. 18-6.5-103. In most cases however, any property or items valued under $2,000 are considered misdemeanor theft.
Punishments for the Conviction of a Misdemeanor or Felony Theft in Windsor, Colorado?
In Windsor and around Colorado, the sentence for theft of an item between $300 but less than $1,000, is a class 2 misdemeanor with penalties of up to 120 days in the Weld County Jail, and up to $750 in fines. The sentence becomes a class 1 misdemeanor with penalties of up to 364 days in the Weld County Jail, a fine up to $1,000, or both, if the value of the items involved is $1,000 or more but less than $2,000. Felony Theft begins as a class 6 felony, with penalties of 1 – 1 ½ years in Colorado State Prison, $1,000 – $100,000 in fines and 1 year of mandatory parole, if the item is between $2,000-$5,000 dollars. A class 5 Felony Theft begins at five thousand dollars, a class 4 Felony Theft begins at twenty thousand dollars, a class 3 Felony Theft starts at one hundred thousand dollars, and a class 2 Felony Theft begins at one million dollars.
Hiring Skilled Weld County Theft Attorney
While some Weld County residents believe facing a misdemeanor offense does not require an attorney, they would be wrong. If you are facing a Misdemeanor or Felony Theft charge, it is vital that you hire an experienced attorney who can help learn the details of your case and fight for the best outcome. Criminal charges of any kind can result in the loss of time, freedom, money and will result in a criminal record that can impact your work and personal future.