Greeley Theft Attorney
Man on Probation for Motor Vehicle Theft Shows Up in Stolen Car

A man on probation for Motor Vehicle Theft showed up to his probation meeting in a stolen car and was arrested. If you've been charged with a crime, call us!

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:

A person commits motor vehicle theft in the first degree if the person knowingly obtains, exercises control over, receives, or retains the motor vehicle of another person; and the person knows or reasonably should have known that the act was without authorization or was by threat or deception; and the person has two prior convictions or adjudications of charges separately brought and tried for an offense involving motor vehicle theft or unauthorized use of a motor vehicle in this state, a municipality, another state, the United States, or any territory subject to the jurisdiction of the United States.

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 person commits motor vehicle theft in the second degree if the person knowingly obtains, exercises control over, receives, or retains 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; and:

(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 person commits motor vehicle theft in the third degree if the person knowingly:

(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.


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

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