Colorado Law on Aggravated Motor Vehicle Theft | Greeley Motor-Vehicle Theft Lawyer

In Greeley, Colorado, someone can be accused of Aggravated Motor Vehicle Theft when they have stolen a car. If anything happens to the car, if the driver removes the VIN number or the plates, if someone gets hurt, the charges elevate. So when you borrow your buddy’s car, make sure you have clear permission, otherwise you could end up being arrested and charged with this crime. In Colorado, joyriding can even result in a lifelong felony charge.

Aggravated Motor Vehicle Theft, Joyriding, C.R.S. 18-4-409, in Weld County

Though Aggravated Motor Vehicle Theft, C.R.S. 18-4-409, is one statute, there are two degrees of this crime in Weld County. The First Degree of this crime is more serious, as it involves more criminal intent than and this crime in the Second Degree, or even joy riding

Aggravated Motor Vehicle Theft in the First Degree

A person commits aggravated motor vehicle theft in the first degree if he or she knowingly obtains or exercises control over the motor vehicle of another without authorization or by threat or deception and:

(a)  Retains possession or control of the motor vehicle for more than twenty-four hours; or

(b)  Attempts to alter or disguise or alters or disguises the appearance of the motor vehicle; or

(c)  Attempts to alter or remove or alters or removes the vehicle identification number; or

(d)  Uses the motor vehicle in the commission of a crime other than a traffic offense; or

(e)  Causes five hundred dollars or more property damage, including but not limited to property damage to the motor vehicle involved, in the course of obtaining control over or in the exercise of control of the motor vehicle; or

(f)  Causes bodily injury to another person while he or she is in the exercise of control of the motor vehicle; or

(g)  Removes the motor vehicle from this state for a period of time in excess of twelve hours; or

(h)  Unlawfully attaches or otherwise displays in or upon the motor vehicle license plates other than those officially issued for the motor vehicle.

First Degree Aggravated Motor Vehicle Theft basically states that if you steal someone’s car, have it for an extended period of time, damage or alter it in any way, or use it to commit another crime, you could face up to a class 3 felony.

Aggravated Motor Vehicle Theft and Joy Ride in the Second Degree

A person commits Joy Ride and Aggravated Motor Vehicle Theft in the Second Degree if he or she knowingly obtains or exercises control over the motor vehicle of another without authorization or by threat or deception and if none of the aggravating factors in subsection (2) of this section are present.

The Second Degree of Aggravated Motor Vehicle Theft is aimed towards people who have, still stolen a car, but haven’t done anything more malicious with it. Going for a Joy Ride can be included in this section of the law.

Sentence for Aggravated Motor Vehicle Theft in Brighton, Firestone, and Mead

When convicted for Aggravated Motor Vehicle Theft in Brighton, Firestone, and Mead, there are a variety of sentences for this crime depending on the facts of the case. Similar to other theft crimes, the sentence varies depending on the value of the car. To be clear, it is not the value of the car when it was bought that will be considered, it will be current market value for the vehicle. In addition to the consequences for the crime itself, a person convicted of this crime will also have their license revoked as punishment.

For Motor Vehicle Theft in the First Degree:

Class 5 felony Class 4 felony Class 3 felony
Value of the stolen Vehicle
  •  Less than $20,000
  • Between $20,000 and $99,999
  • More than $100,000
  • Or if the defendant has been previously convicted / adjudicated of a theft of a motor vehicle, twice, in any state

For Motor Vehicle Theft in the Second Degree:

Class 1 misdemeanor Class 6 felony Class 5 felony
Value of the stolen Vehicle
  • Less than $1,0000
  • Between $1,000 and $19,999
  • More than $20,000

 

Possible Defenses to Aggravated Motor Vehicle Theft in Greeley, Longmont, and Eaton

As always, depending on the facts of the case, these defenses for Aggravated Motor Vehicle Theft may help your Longmont, Johnstown, or Eaton case.

  • The car is yours
    • It is a shared car between your wife and yourself, even if she called police against you
  • Mistaken identity
    • Someone else had taken the vehicle, it wasn’t you.
  • You received permission to borrow and drive the vehicle
    • Your friend gave you express permission to borrow their car for the day, but their spouse was unaware
  • You had thought your friend gave you permission
    • You thought your buddy agreed to let you borrow the car, therefore you didn’t intentionally steal the car.
  • During the investigation, there was police misconduct
    • Police misconduct leads to any evidence they recovered to be thrown out of court.

Accused of Aggravated Motor Vehicle Theft in Greeley or Weld County?

If you’re being accused of Aggravated Motor Vehicle theft in Greeley or Weld County, contact the O’Malley Law Office for help with defending your case.

Always remember to avoid speaking to the police. They want you to slip up and incriminate yourself, and the best way to avoid this is by not talking to them. No, you can’t outsmart them – this is their business.

Call 970-616-6009 or fill out the Get Help Now form to schedule a free consultation with an experienced criminal defense lawyer in Greeley and Weld County.

Together, we can protect your future.

Get Help Now!