Motor Vehicle Theft, C.R.S. 18-4-409, and Unauthorized Use of a Motor Vehicle, C.R.S. 18-4-409.5, are both charged in Fort Collins, CO for taking another person’s vehicle without their permission. These two Theft charges are similar, but Unauthorized Use is a misdemeanor for the first offense while Motor Vehicle Theft is a felony. Generally, the difference between these crimes is the intent behind them. If you’ve been charged with Auto Theft or Unauthorized Use of a Motor Vehicle, don’t wait, and contact the best criminal defense lawyers in Fort Collins today.
Colorado’s Law on Motor Vehicle Theft, C.R.S. 18-4-409 at the Larimer County Courts
At the Larimer County Courts, Colorado’s law on Motor Vehicle Theft, C.R.S. 18-4-409, is charged when a person knowingly takes, receives, or exercises control over another person’s motor vehicle, knowing that it was without the owner’s permission. Motor Vehicle Theft / MVT is split into 3 different degrees, depending on:
- Whether the defendant has been previously convicted of MVT – a third or subsequent conviction is charged as First Degree Motor Vehicle Theft, which is a class 3 felony.
- Any additional steps the defendant took after taking the car. Some actions, such as trying to disguise the car, keeping it for more than 24 hours, or using it to cause bodily injury to another person will result in Second Degree Motor Vehicle Theft charges. This is a class 4 felony.
If the above circumstances do not apply, the defendant is charged with Motor Vehicle Theft in the Third Degree, which is a class 6 felony.
Fort Collins Legal Definition of Unauthorized Use of a Motor Vehicle, C.R.S. 18-4-409.5
Similarly, the legal definition of Unauthorized Use of a Motor Vehicle, C.R.S. 18-4-409.5, is as follows in Fort Collins:
(a) The person does not commit a criminal offense other than a misdemeanor traffic offense except eluding a police officer as described in section 42-4-1413 in the course of obtaining control over or in the exercise of control of a motor vehicle; and (b) The motor vehicle is returned to the owner or recovered by law enforcement within twenty-four hours after being reported as missing or stolen by the owner, with no damage to the motor vehicle.
There is a fine line between Unauthorized Use and Third Degree Motor Vehicle Theft, but one of the primary differences is the intent. Motor Vehicle Theft involves acting “knowingly,” but Unauthorized Use does not.
Penalties for Auto Theft vs. Unauthorized Use of a Motor Vehicle in Loveland
Auto Theft / Motor Vehicle Theft and Unauthorized Use of a Motor Vehicle come with substantially different penalties in Loveland. A first Unauthorized Use offense is a class 1 misdemeanor, punishable by up to 364 days in the Larimer County Jail and a fine of up to $1,000. By contrast, Motor Vehicle Theft and second or subsequent convictions of Unauthorized Use are felony offenses. Conviction can result in:
- 1+ years in the Colorado Department of Corrections
- A fine of at least $1,000
- Restitution to the vehicle owner
- Parole of 1+ years upon release from prison
If you have been charged with Unauthorized Use or Motor Vehicle Theft, you cannot afford to wait to act. Call the best Theft lawyers in Fort Collins and Loveland today, and together, we can help you protect your future.
Charged with Motor Vehicle Theft or Unauthorized Use of a Motor Vehicle? Whether you’ve been charged with a misdemeanor or felony, remember to be smart, and exercise your right to stay silent. Then call 970-658-0007 to get in contact with a top Fort Collins Motor Vehicle Theft lawyer about your charges. Together, we can protect your future.
The location Larimer County Justice Center is located at 201 Laporte Avenue, Fort Collins, Colorado. We’ll see you there!
Photo by Andrea Piacquadio