Charged With A Crime? It Doesn’t Mean You’re Guilty.

Colorado Theft Law, C.R.S. 18-4-401

| May 12, 2014 | Theft |

theft.jpg

Theft is a unique crime in Jefferson, Adams and Gilpin county, because the consequences of the crime vary widely depending on the value of the property that was stolen. Colorado’s Theft statute, 18-4-401 criminalizes when a person knowingly obtains, retains, or exercises control over anything of value of another without authorization or by threat or deceptions; 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 (such as a rental car).

In Colorado, theft crimes range from petty offenses (value of less than fifty dollars) to class 2 felony offenses (value of one million dollars or greater). A thing of value is that of “another” if anyone other than the defendant has a possessory or proprietary interest therein. Essentially, that means if two people jointly own property, and one person deprives the other person of that property, that still constitutes theft, despite the fact that the accused actually has his own proprietary interest. Be careful that you trust co-owners of property.

Denver and Arapahoe County Theft crimes include shoplifting, auto theft, burglary, accounting crimes, embezzlement and crimes involving Fraud. Even in cases where the theft allegations are petty or misdemeanor offenses, it is important to have an experienced attorney because theft has such severe consequences and theft convictions make it exceptionally hard to find or maintain employment. Theft convictions can have consequences on a person’s immigration status and result in disqualification from professional licensure. Additionally, trends in sentencing suggest that judges are now sentencing white collar crimes just as severely as violent crime, including substantial prison time for felony offenses.

If you or a loved one are accused of theft in Weld or Elbert County, take the allegations very seriously, as they can and will affect you for years to come. Theft cases can involve complicated proof issues, defenses and sentencing and require an experienced attorney. We have spent years defending the accused against theft charges in Douglas and El Paso county, and we can help you too. So, be smart, exercise your right to remain silent, and call us today at 303-731-0719. Together, we can protect your future.

Image courtesy of Toa55 / FreeDigitalPhotos.net