I recently learned of a man who is allegedly attempting to scam pet stores out of their money. According to the news report, a man is going into pet stores and claiming to have found bugs in the dog food he purchased from the store. He demanded a $90 cash refund. Now, up until this point, this would not be too far-fetched. Let me tell you, if I found bugs in my dog’s food in Greeley, Erie, or Evans, I would definitely be wanting a refund. It wasn’t that the store in this situation refused, they just wanted some proof of the purchase. The man could not provide a receipt or the bag of bug ridden food, so the pet store refused. It seems the man took his scheme elsewhere as other pet stores, have heard the same story and demand for the $90 in cash, with no proof of the issue. If this man is caught, he could be facing Attempted Theft charges.
Weld County Theft Lawyer: What is the Definition of Theft?
In Weld, Morgan, and Logan County, Theft – C.R.S. 18-4-401 – is defined as:
(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.
So, you will notice in the first paragraph it specifically states that using deception to obtain something of value is, indeed, Theft. When the man tried to take $90 from the store by lying about deserving a refund, he was, by definition, attempting to commit a Theft.
Greeley Attempted Theft Lawyer: What is the Sentence / Punishment for Attempted Theft?
Theft is charged as a felony, misdemeanor, or petty offense, depending on the value of the items taken. So, for the man above, if he had been successful at one store and gotten the $90, he would be looking at a class 3 misdemeanor. However, because he was not successful, he could still be charged with Attempted Theft, basically stating that he took ‘substantial steps’ toward trying to commit the crime. In many situations, adding the ‘Attempt’ tag to a crime lowers the felony or misdemeanor level. But, since the man would be facing the lowest level misdemeanor charge, it stays at the class 3 misdemeanor level which is punishable by up to 6 months in the Weld County Jail.
If you or someone you love has been charged with Theft or Attempted Theft, be smart, exercise your right to remain silent, and contact the best Greeley criminal defense lawyers from the O’Malley Law Office at 970-616-6009 today. Together, we can protect your future.
Image Source: Pixabay – bykst