There is nothing that makes me happier than driving around different neighborhoods in December to see the amazing Christmas light displays some people put up. You can just tell that hours went into setting up all the decorations and making them just right in order to share the Christmas spirit with the community. That is, until a grinch visits and tries to take that Christmas spirit away. That seems to be what happened in Douglas County recently. According to the news report, a 33-year-old woman was caught on video surveillance taking almost $300 worth of Christmas lights and decorations from the front lawn of a home. The homeowners used the video to help identify the woman, who ended up turning herself in the next day. She will most likely be facing misdemeanor Theft charges.
Weld County Misdemeanor Theft Attorney: What is the Definition of Theft of Christmas Lights?
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 above, the Weld, Morgan, and Logan County, you can be charged with Theft for taking something that doesn’t belong to you with the intent of never giving it back. So, when the woman took the Christmas lights that did not belong to her, she in essence committed Theft. While we cannot know what her exact intentions were, it is often assumed that the intention is to not give the item back.
Greeley Theft Lawyer: What is the Sentence for a Misdemeanor Theft Charge?
In Greeley, Erie, and Johnstown, the value of the item(s) taken is vital in deciding what level misdemeanor Theft to charge. Theft is:
- A class 3 misdemeanor if the value of the thing involved is fifty dollars or more but less than three hundred dollars;
- A class 2 misdemeanor if the value of the thing involved is three hundred dollars or more but less than seven hundred fifty dollars; or
- A class 1 misdemeanor if the value of the thing involved is seven hundred fifty dollars or more but less than two thousand dollars.
The woman above would most likely be facing a class 2 misdemeanor Theft charge, which is punishable by 3 to 12 months in the Weld County Jail and up to $1,000 in fines.
If you or someone you love has been charged with misdemeanor 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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