They say breakfast is the most important meal of the day. Can you imagine waiting in line to pay for a delicious donut for your most important meal, only to take a bite of that donut and find out it is stale? Well, that is exactly the situation one 19-year-old found himself in, and the results were criminal charges. According to the news report, the young man was in line at 7-Eleven with his Big Gulp and donut waiting to pay. While in line, he took a bite out of the donut and realized it was stale. At that point he did not want to pay for the stale donut, but still offered to pay for the Big Gulp. The 7-Eleven cashier told him he needed to pay for them both and when he refused, the police were called. The man was charged with Petty Theft for his refusal to pay. So much for a 7-Eleven quality guarantee.
Weld County Misdemeanor and Petty Theft: What is the Definition of Theft?
The Colorado law definition of Theft – C.R.S. 18-4-401 – is:
(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.
Based on the definition, by biting into the donut, he permanently deprived the business from being able to sell the stale item, and therefore deprived them of the benefit of the donut. As ridiculous as it sounds, biting the $.60 donut and refusing to pay can be considered Theft in Greeley, Erie, and Evans.
Greeley Misdemeanor and Petty Theft Lawyer: What is the Punishment / Sentence for Theft?
In Weld, Morgan, and Logan county, Theft can be charged as a felony, misdemeanor, or petty offense based on the value of the items taken:
Petty Offense Theft in Greeley:
- Class 1 Petty Offense if the value of the item(s) is less than $50.
Misdemeanor Theft in Greeley:
- Class 3 misdemeanor Theft if the value of the item(s) is $50 or more but less than $300.
- Class 2 misdemeanor Theft if the value of the item(s) is $300 or more but less than $750.
- Class 1 misdemeanor Theft if the value of the item(s) is $750 or more but less than $2,000.
Based on the punishments set forth in the statute, even a $.60 theft can be charged as a petty theft, which is punishable by up to 6 months in the Weld County Jail and a $500 fine. This fine does not include the restitution order that a judge would enter to cover any losses the store experienced based on this criminal incident.
If you or someone you love has been charged with or arrested for Felony, Misdemeanor, or Petty Theft, be smart, exercise your right to remain silent, and contact the best Greeley criminal defense attorneys from the O’Malley Law Office at 970-616-6009 today. Together, we can protect your future.
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