Theft in Weld County can be a misdemeanor or felony offense depending on the value of the property stolen. Recently, a couple was accused of taking a puppy from a pet store in Colorado. The man on video hid a small dog in his jacket and is seen walking out with a woman. The value of the puppy is what will determine if this is a Misdemeanor Theft, or a Felony Theft. The Theft attorneys at the O’Malley Law Office can help you get the best outcome in your criminal Theft case. If you are facing Misdemeanor or Felony Theft charges in Fort Collins or Larimer County, get help here.
What is the Definition of Theft, C.R.S. 18-4-401, in Greeley, Colorado?
The legal definition of Theft, C.R.S. 18-4-401, in Greeley is:
(1) A person commits theft when he or she knowingly obtains, retains, or exercises control over anything of value of another without authorization or by threat or deception; 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.
In the above story, if the couple did not purchase the puppy and simply left without paying, then they could be charged and convicted of Theft. Depending on the value of the dog they took, Theft could be a misdemeanor or felony.
Difference Between a Felony Theft and a Larceny or Misdemeanor Theft Charge in Weld County?
The difference between Theft crimes is not difficult to determine. I In Weld County, the difference between Felony and Misdemeanor Theft is the value of the property stolen. If the value is more than $2,000, then it can be charged as Felony Theft. If the value of the property is between $300-$2,000 then it is a Misdemeanor Theft, or what is sometimes called Larceny. It is important to note that if the person who the property was stolen from is elderly or a disabled person, they are considered an “at risk” person and the charge is increased to Felony Theft, even if the value of the property would have made it a misdemeanor charge.
What are the Sentences and Penalties for Theft in Windsor, Ault, and Severance, Colorado?
In Windsor, Ault, Severance, and the rest of Colorado, if the value of the property involved is $300 or more, but less than $1,000, the charge will be a class 2 Misdemeanor Theft. This class of Theft has penalties including up to 120 days in the Weld County Jail, and up to $750 in fines. Misdemeanor Larceny is a class 1 misdemeanor if the value of the thing involved is $1,000 or more but less than $2,000. The penalties for a class 1 misdemeanor include up to 364 days in the Weld County Jail, a fine up to $1,000, or both.
Felony Theft in Greeley occurs when the property taken is valued at $2,000 – $5, 000. It is sentenced as a class 6 felony, with penalties of 1 – 1 ½ years in Colorado State Prison, $1,000 – $100,000 in fines and 1 year of mandatory parole. The most severe sentence for Felony Theft is a class 2 felony for property of $1,000,000 or more. The penalties for a class 2 felony are 8 – 24 years in prison and/or $5,000 – $1,000,000 in fines, with 5 years of mandatory parole. Also, the judge will always require Restitution to be paid to the victim. You can learn more about Restitution by going here.
Why Hire a Top Weld County Theft Attorney?
Weld County’s top attorneys can often get a theft charge reduced to a lesser charge if there is convincing evidence that you committed the crime. In many cases, there is not enough evidence to convince a jury of your guilt. The experienced lawyers at the O’Malley Law Office can help you with the specifics of your case and fight for you, which could lead to a dismissal, probation, or a reduced restitution level.