Posted on July 23rd, 2018
Theft is a crime of moral turpitude. You can be charged for theft in Colorado for several reasons and in multiple ways. A conviction of theft ends up on your permanent record, and it affects both your career and finances. It is crucial to understand everything about theft so you can avoid it. Read on to find everything you should know about theft in Colorado.
What constitutes theft?
Theft in Colorado is said to occur when a person intentionally retains, obtains or controls anything of value belonging to another individual, without authorization from the owner, or by deception or threat. It includes crimes like shoplifting, embezzlement, larceny, and pretenses.
Are there different levels of theft?
There are different types of theft crimes in Colorado. However, they can be broadly categorized into felonies and misdemeanors. The value of items or money stolen determines whether the charge is a misdemeanor or a felony. Theft involving goods worth $50 or less is a Class 1 petty offense. Misdemeanor theft is less severe than a felony. It involves goods of little value. Here are values for different classes of misdemeanor theft crimes:
- Class 1 Misdemeanor (M1): Above $750 and up to $ 2,000.
- Class 2 Misdemeanor (M2): Value above $300 and up to $750.
- Class 3 Misdemeanor (M3): Value above $50 and up to $300.
After a change in 2013, a felony theft involves the extremely high value of goods or amount of money. Below are the different classes for various felonies:
- Class 2 Felony (F2): Value of $1 Million and above
- Class 3 Felony (F3): Value of $100,000 and more but less than $1 Million
- Class 4 Felony (F4): Value of $20,000 and more but less than $100,000
- Class 5 Felony (F5): Value of $5,000 and more but less than $20,000.
- Class 6 Felony (F6): Value of $2,000 and more but less than $5,000.
How are sentences determined for theft?
Sentences depend on the value of money or items involved. The higher the amount, the longer the sentence and the more the fine charged. Below are the terms and penalties for various classes of felonies and misdemeanors:
- Class 1 Petty offense: a term of up to 6 months in county jail and a fine of up to $500.
- Class 1 Misdemeanor: 6 – 18 months in county jail and a fine of up to $5,000.
- Class 2 Misdemeanor: 3 – 12 months in county jail and fines of up to $1,000.
- Class 3 Misdemeanor: 0 – 6 months in county jail and fines to a maximum of $750.
- Class 2 Felony: 24 years in state prison, up to $1 Million in fines and a mandatory term of parole of 5 years.
- Class 3 Felony: 12 years in state prison, up to $750, 000 in fines and a compulsory term of parole of 5 years.
- Class 4 Felony: 6 years in state prison, up to $500,000 in fines and three years parole.
- Class 5 Felony: 1 – 2 years in state prison, and a maximum of $100,000 in fines and three years parole.
- Class 6 Felony: 12 – 18 months in state prison, up to $100,000 in fines and 1-year parole.
Does age matter in sentencing?
The Colorado law treats individuals of 18 years and above as adults. Anyone below that age is dealt with through the juvenile justice system. A juvenile involved in a crime of theft faces juvenile charges and is considered a delinquent and not a criminal. However, the offenses go on his or her permanent record.
Does first-time vs. repeat offenses matter in sentencing?
Colorado has a habitual criminal statute that gives the criminal a maximum number of three sentences for any class of felonies committed within ten years. After that, a severe penalty is charged for the offense, and life imprisonment with 40-year parole eligibility is required in case of a second habitual criminal adjudication.
How does theft on your record impact your future?
Theft on your record affects both your finances and your career. Employers avoid people with criminal records. Your grades will not matter. Also, nowadays, financial institutions look at records of felonies and misdemeanors. With one, you might fail to qualify for loans. Therefore, it is crucial to avoid being involved in a theft of any kind.
Do you have any additional questions or need representation in court? Contact Pollart Miller LLC today.