Have you been falsely accused of a Misdemeanor Theft charge? As the Holidays approach and more packages are being delivered to houses, many people lose packages or are worried about being the victim of “porch pirates.” If you are nearby or take in the package of a neighbor to keep it safe, you could end up falsely accused. You need a criminal attorney who is skilled in navigating the Greeley Court system to help fight for your future. Read more below for more information on whether package theft can be charged as a Misdemeanor Theft crime.
In Greeley, Colorado is the Theft of a Package a Misdemeanor Theft?
In Greeley, the taking of any property that is not your own can be considered a Misdemeanor Theft. If the package is delivered be the USPS (United States Postal Service), then it can be considered mail theft which is a serious federal crime. You can read more about mail theft below.
What is the Definition of Misdemeanor Theft – C.R.S. 18-4-401 – in Weld County?
The Definition of Misdemeanor Theft in Weld County is found under C.R.S. 18-4-401:
(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.
With the above definition, taking a package (that is valued under $2,000) off another person’s porch could lead to a conviction of Misdemeanor Theft. Of course, just as the law states above, the government will need to prove that you intended to “deprive the other person permanently” of the item. Many neighbors bring in packages to keep them safe and dry until their friends return home.
What is the Definition of Mail Theft -18 U.S.C. § 1708 – in Greeley, Colorado?
In Greeley, Colorado the definition of Mail Theft,18 U.S.C. § 1708 is:
Whoever steals, takes, or abstracts, or by fraud or deception obtains any letter, postal card, package, bag, or mail, or any article or thing contained therein which has been left for collection upon or adjacent to a collection box or other authorized depository of mail matter; or
Whoever buys, receives, or conceals, or unlawfully has in his possession, any letter, postal card, package, bag, or mail, or any article or thing contained therein, which has been so stolen, taken, embezzled, or abstracted, as herein described, knowing the same to have been stolen, taken, embezzled, or abstracted—
Simply put, if a package is taken that has been delivered by the USPS, a person could be charge with a federal offense and if convicted, they would face harsher penalties.
What are the Penalties and Sentence for a Misdemeanor Theft in Weld County?
In Greeley, the value of what has been taken decides what sentence and penalties of Misdemeanor Theft to charge. Here is the schedule under Colorado law:
- A class 3 misdemeanor if the value of the thing involved is $50 or more but less than $300
- A class 2 misdemeanor if the value of the thing involved is $300 or more but less than $750
- A class 1 misdemeanor if the value of the thing involved is $750 or more but less than $2,000
Have you or someone you love been falsely accused of a Misdemeanor Theft charge? 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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