Vernon Ready Will Defend Against Greenwood Village Theft Charges
Theft is not borrowing. By statute in Colorado with few exceptions, it requires intent to permanently deprive another person of the use or benefit of a thing of value. That other person must have a possessory or proprietary interest in the thing of value. The first obvious exception to this rule is where there is an lease or hire agreement to return an item and the accused fails to do so within 72 hours of the agreed upon return time. Another exception to that requirement that the intent be to permanently deprive is in the case of a ransom demand.
The theft statutes in Colorado also require intent. It cannot happen by accident. The accused must have intended to take something they were not entitled to, or take control of something they were not entitled to have control over, and so on. Abandoning a thing of value can also qualify as theft, if it is done with the intent to permanently deprive the other person (who has a possessory or proprietary interest) of the use or benefit of the thing of value. Although other factors may change how a particular case is charged, Colorado statutes currently provide the following guidelines regarding how theft is generally charged, based upon the value of the alleged theft:
|Class 2 Misdemeanor||$300 – $749|
|Class 1 Misdemeanor||$750 – $1,999|
|Class 6 Felony||$2,000 – $4,999|
|Class 5 Felony||$5,000 – $19,999|
|Class 4 Felony||$20,000 – $99,999|
|Class 3 Felony||$100,000 – $999,999|
|Class 2 Felony||$1,000,000 or more|
These graph above is offered a a general guideline, and may not be accurate in your specific case. For example, prior convictions may change the presumptive sentencing range for a theft conviction, and prior convictions for theft may change the class of misdemeanor or felony charged. This graph does not take into account any aggravating circumstances, exceptional risk modifications, etc. Theft is often charged as a municipal code violation, rather than a misdemeanor or felony case. In those case, the applicable municipal code will define the crime and it’s potential sentencing range rather than the Colorado statutes. For more detailed and accurate guidance regarding how your case should be charged or what a potential sentence might include, call our office and schedule a consultation with an attorney regarding the specific facts of your case.
The contexts in which an accused might be charged with theft are many and varied, including cases as diverse as shoplifting, insurance fraud, concealment of a thing of value, and knowingly receiving incorrect benefits. Due to the broad range of theft crimes that could be charged, general information is provided here. If you are charged with theft or believe you may be soon, call our office to schedule a consultation right away. There are almost certainly law enforcement officials working hard to prosecute you. Let’s get to work on your best defense.