Embezzlement In Colorado
The crime of embezzlement is no longer a recognized crime within the state of Colorado. In 1967, the Colorado government decided to combine the crimes of larceny, embezzlement and other crimes into one category called “theft crimes” (C.R.S. 18-4-401). The Colorado statute that combined the crimes into one category called theft is statutory intent – C.R.S. 18-4-403. We defend people accused of theft crimes in Jefferson, Adams, Douglas, Denver, Arapahoe and every other Colorado county.
Embezzlement and larceny used to be separate crimes because of the difference in the possessory interest in the item stolen. For instance, if someone was working at a Denver criminal defense attorney’s firm in 1963 and the employee who managed the firm’s money took some of that money without permission, then that employee would have committed embezzlement. If instead, an employee had no control over the funds of the Denver-based law firm and had stolen the money, then the employee would have committed larceny. Today, the new broad category of theft allows for the prosecution to charge someone with theft regardless of the circumstances of the stolen possession.
Today, theft in Colorado under C.R.S. 18-4-401 is defined as: when a person knowingly obtains or exercises control over anything of value of another without authorization, or by threat or deception, intends to deprive the other person permanently of the use or benefit of the thing of value; knowingly uses, conceals, or abandons the thing of value in such manner as to deprive the other person permanently of its use or benefit; or uses, conceals, or abandons the thing of value intending that such use, concealment, or abandonment will deprive the other person permanently of its use and benefit; demands any consideration to which he is not legally entitled as a condition of restoring the thing of value to the other person. For the purposes of this section, a thing of value is that of “another” if anyone other than the defendant has a possessory or proprietary interest therein.
Now in Colorado, we see theft charges brought against people who allegedly take money from another person, entity, or corporation. An employer-employee relationship is not necessary, as was the case with embezzlement. We still see a number of employer-employee crimes, but today they center on theft involving credit cards and checks. Cash is not widely charged. We have recently seen several cases where large dollar sums are stolen and financial audits uncover the theft. Restitution will always be a central component to a theft case, as the district attorney considers “making the victim whole” part of his or her job responsibility. Sometimes, we are able to have charges deferred or dismissed if restitution is quickly made upfront.
Contact An Experienced Theft Attorney In Denver Now
In the face of an arrest or a theft investigation, you must find the most capable and dedicated Colorado defense attorney available. Speak with a criminal attorney who is experienced at protecting your constitutional rights. Contact the O'Malley and Sawyer, LLC, to schedule a free initial consultation with a criminal lawyer who defends theft charges in the Denver area and nearby in Arapahoe County, Douglas County, Jefferson County, Adams County and throughout Colorado. When contacted by a Colorado police officer, be smart, exercise your right to remain silent and call us right away at 303-731-0719. Together, we can protect your future.