In Weld County, an “Auto Theft” or Aggravated Motor Vehicle Theft charge happens when anyone knowingly takes control over or takes any motor vehicle without permission – with or without force / threat. If you are accused of any crime, get the best chance for a dismissal of your charges by hiring Greeley’s top lawyers from the O’Malley Office. Hiring lawyers who understand that unintentional mistakes can happen, is central to fighting for your Constitutional rights.

#1 What is the Definition of Aggravated Motor Vehicle Theft, C.R.S. 18-4-409, in Greeley, Colorado?

The definition of Aggravated Motor Vehicle Theft, C.R.S. 18-4-409, in Greeley is:

A person commits aggravated motor vehicle theft in the first degree if he or she knowingly obtains or exercises control over the motor vehicle of another without authorization or by threat or deception and:

(a) Retains possession or control of the motor vehicle for more than twenty-four hours; or

(b) Attempts to alter or disguise or alters or disguises the appearance of the motor vehicle; or

(d) Uses the motor vehicle in the commission of a crime other than a traffic offense; or

(e) Causes five hundred dollars or more property damage, including but not limited to property damage to the motor vehicle involved, in the course of obtaining control over or in the exercise of control of the motor vehicle; or

(f) Causes bodily injury to another person while he or she is in the exercise of control of the motor vehicle; or

(g) Removes the motor vehicle from this state for a period of time in excess of twelve hours; or

(h) Unlawfully attaches or otherwise displays in or upon the motor vehicle license plates other than those officially issued for the motor vehicle.

#2 In Weld County What are the Two Degrees of Aggravated Motor Vehicle Theft?

There are two degrees of Aggravated Motor Vehicle Theft or Auto Theft, in Weld County. First Degree Aggravated Motor Vehicle Theft happens if a person has the vehicle for more than a day or takes it out of the state for more than a half a day. 1^st Degree Auto Theft also occurs if a person uses the vehicle to commit a crime, injures someone with the vehicle, causes more than $500 worth of damage with it, or attempts to change the vehicle VIN, or license plates. A 1^st Degree Aggravated Motor Vehicle Theft charge is always a felony. A 2^nd Degree Aggravated Vehicle charge is when a person knowingly takes control of a motor vehicle without permission and no other factors from a 1^st Degree charge apply. This is sometimes called “Joy Riding,” because the intent is not to keep the car or profit from it. A Second Degree Auto Theft charge can be a misdemeanor or felony dependent on the worth of the car.

# 3 Examples of 1^st and 2^nd Degree Auto Theft in Greeley, Colorado

In Greeley, some examples of First Degree Auto Theft is:

Taking a car without the owner knowing and trying to destroy or alter the VIN (vehicle identification number)
Without authorization taking a person’s motorcycle and keeping it for more than a day.
Committing a burglary after taking a car without permission.

Examples of Second Degree Auto Theft:

Taking a car without permission to drive around town and returning it within 24 hours.
Borrowing a car and refusing to give it back.
Taking your parents car without their permission.

#4 What are the Penalties and Sentence for an Auto Theft or Aggravated Vehicle Theft Conviction in Weld County?

The sentence and penalties for Aggravated Vehicle Theft Conviction in Weld County is dependent on the degree of the charge, whether the defendant has any prior Auto Theft convictions, and the value of the vehicle stolen.

Degree of Charge	Value of Vehicle	Sentence and Penalties
1^st Degree	$ 100,000 or 3^rd conviction	Class 3 felony: 4 – 12 years in Colorado Department of Corrections $3,000 – $750,000 5 years mandatory parole
	$20,000 to less than $100,000	Class 4 felony 2 – 6 years in prison $2,000 – $500,000 3 years of mandatory parole
	Less than $20,000	Class 5 felony: 1 – 3 years in prison $1,000 – $100,000 2 years of mandatory parole

Degree of Charge	Value of Vehicle	Sentence and Penalties
2^nd Degree	$20,000 or Higher	Class 5 felony: 1 – 3 years in prison $1,000 – $100,000 2 years of mandatory parole
	$1,000 to Less than $20,000	Class 6 felony: 12-18 month in prison $1,000 – $100,000 1 year of mandatory parole
	Less than $1,000	Class 1 misdemeanor: 6 – 18 months in Weld County Jail $500 – $5,000

If you or someone you love has been charged with First or Second Degree Aggravated Motor Vehicle Theft, be smart, exercise your right to remain silent, and contact the aggressive criminal defense attorneys from the O’Malley Law Office at 970-616-6009. Together, we can protect your future.

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