Have you been falsely accused of an Aggravated Motor Vehicle Theft charge in Greeley, Colorado? You will need an experienced criminal attorney to help you get the best possible outcome in your case. Most people try not to be near a stolen vehicle, but a Colorado Springs Man was found sleeping in one recently. He was charged with Motor Vehicle Theft. Apparently, after his arrest police found out he had an extensive criminal history with felony warrants. He was also in possession of drugs, which would elevate this to a 1st Degree Aggravated Motor Vehicle Theft charge because he used the car during another crime. It is always important to know the charges against you and to hire an attorney who can navigate the courts. Read below to learn more about Motor Vehicle criminal charges.
The Weld County Definition of Aggravated Motor Vehicle Theft – C.R.S. 18-4-409 is:
In Weld County, Aggravated Motor Vehicle Theft is defined either as 1st Degree Aggravated Motor Vehicle Theft or 2nd Degree Aggravated Motor Vehicle Theft, which carries less severe penalties if convicted. The definitions are as follows:
First Degree Aggravated Motor Vehicle Theft Definition:
(2) 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.
Second Degree Aggravated Motor Vehicle Theft Definition:
(4) A person commits 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.
It is important to note that the only differences between 1st and 2nd Degree Aggravated Motor Vehicle Theft are the factors listed in a-h above.
What are the Sentences and Penalties for Aggravated Vehicle Theft in Greeley, Colorado?
If convicted of violating a Aggravated Vehicle Theft charge, defendants will lose their Colorado’s driver’s license for at least one year. First-degree aggravated automobile theft is always a felony. The defendant’s criminal record, the damages sustained to the car and the value of the car will affect the sentence. The range of penalties include: 1 – 12 years in Colorado Department of Corrections, and/or $1,000 – $750,000 in fines. Second-degree aggravated automobile theft is generally a felony. Penalties can include 1 – 3 years in CDC, and $1,000 – $100,000 in fines. Second-degree aggravated automobile theft is a misdemeanor when there are no prior motor vehicle theft convictions and the vehicle is worth less than $1,000. Misdemeanor conviction penalties can be: 6 – 18 months in Weld County Jail, and/or $500 – $5,000 in fines.
Defenses to Aggravated Motor Vehicle Theft in Weld County
With a skilled criminal lawyer, there are many possible defenses to a Aggravated Motor Vehicle Theft charge in Weld County, here are a few:
- You had permission to drive the vehicle
- The vehicle was actually owned by you
- The vehicle was taken by someone else
- You did not know you lacked the permission to drive the car because you had permission before
To get the best outcome in your case, you need to hire a criminal lawyer who will fight for your future and can defend your case effectively.