Motor Vehicle Theft is charged in Greeley and Weld County when a person is accused of taking control of a vehicle without authorization. A Colorado man recently made a really interesting choice when he showed up to his probation meeting in a stolen car. The kicker? He was on probation for Motor Vehicle Theft. Some people really do need to learn the hard way! He was arrested before leaving the courthouse and charged with the new case. According to law enforcement, he claimed he borrowed the car from a friend.
Motor Vehicle Theft in the First Degree: Definition of 1st Degree Motor Vehicle Theft in Weld County
The Weld County, Colorado law definition of Motor Vehicle Theft in the First Degree – C.R.S. 18-4-409(2) – is:
Based on the information provided in the article, the man had three previous Motor Vehicle Theft convictions, so he would likely be charged with this level Motor Vehicle Theft. This level MVT is a class 3 felony.
What is Motor Vehicle Theft in the Second Degree in Evans and Erie?
The Colorado law definition of Motor Vehicle Theft in the Second Degree – C.R.S. 18-4-409(3) – is:
(a) The person retains possession or control of the motor vehicle for more than twenty-four hours;
(b) The person attempts to alter or disguise or alters or disguises the appearance of the motor vehicle;
(c) The person attempts to alter or remove or alters or removes the vehicle identification number;
(d) The person removes the motor vehicle from this state;
(e) The person unlawfully attaches or displays a license plate in or upon the motor vehicle other than those plates officially issued for the motor vehicle;
(f) The person or a participant causes one thousand dollars or more property damage, including property damage to the motor vehicle involved, in the course of obtaining control over, in the exercise of control of, in the course of receiving, or in the course of retaining the motor vehicle;
(g) The person causes bodily injury to another person other than to a participant while in the exercise of control of the motor vehicle;
(h) The person uses or attempts to use the motor vehicle in the commission of a crime other than:
(I) A traffic offense except eluding a police officer as described in section 42-4-1413; or
(II) A first or second degree criminal trespass of the motor vehicle; or
(i) At the time of the act, the motor vehicle displayed a license plate or placard indicating the motor vehicle belongs to a person with a disability.
As you can see, there are MANY different ways that 2nd Degree Motor Vehicle Theft can be charged in Erie and Evans. Only one subsection needs to apply to the situation in order to face this level crime. 2nd Degree MVT is a class 4 felony.
How is Motor Vehicle Theft in the Third Degree Charged in Johnstown and Mead?
The Colorado law definition of Motor Vehicle Theft in the Third Degree – C.R.S. 18-4-409(4) – is:
(a) Obtains or exercises control over the motor vehicle of another person; and the person knows or should reasonably have known that the act was without authorization or was by threat or deception; or
(b) Receives or retains the motor vehicle from another person who is not the owner of the motor vehicle; the person exercises control over the motor vehicle; and the person knows or should reasonably have known that the act was without authorization of the owner.
As long as one of the aggravators above don’t apply, like previous convictions or taking the vehicle across state lines, then this class 5 felony would apply.