As with many areas of criminal law, there are variations in charges depending on the value of what was taken, how it was taken, from where it was taken and who or what was involved in the taking. Proper review of the evidence and any witness statements is imperative for the proper defense of these cases.
What Is Theft? What Are The Different Kinds Of Theft?
Under Colorado law (18-4-401), a person commits theft "when he knowingly obtains or exercises control over anything of value of another without authorization, or by threat or deception, and:
(a) Intends to deprive the other person permanently of the use or benefit of the thing of value; or
(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; or
(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 and benefit; or
(d) Demands any consideration to which he is not legally entitled as a condition of restoring the thing of value to the other person.
Additionally, a person may commit theft by receiving and accepting something you know has been stolen. Depending on the value of the item stolen, theft can be either a felony or a misdemeanor. The class of felony or misdemeanor will also depend on the value of the item stolen. For example, if you committed a theft of an object worth $500 to $999.00, you may be charged with a misdemeanor.
What Penalties Of Consequences Could I Face For Theft?
The penalty for theft varies depending on the amount of the item that was stolen, your past criminal history, and the facts of the case. For example, if you stole an item worth less than $500, you may obtain a jail sentence of three (3) to twelve (12) months in county jail. However, if you stole an item worth $1,000 - $19,999.00, you could possibly be sentenced to two (2) to six (6) years in jail.
What Defenses Could I Make For A Charge Of Theft?
A common defense for theft is that the defendant lacked the specific intent required to commit the crime. Our criminal defense attorneys must investigate the facts of the case to determine the potential defenses to a crime of theft. |
