What is Considered Felony Theft in Colorado?
In Colorado, theft is considered a felony when the value of the stolen property exceeds a certain threshold or when the theft is committed under specific circumstances. Felony theft is a serious crime that can result in severe consequences, including imprisonment and fines.
What is the Value Threshold for Felony Theft in Colorado?
In Colorado, the value threshold for felony theft is $5,000. If the value of the stolen property is $5,000 or more, the theft is considered a felony. This means that even if the theft is committed with the intention of stealing a small item, if the total value of the stolen property exceeds $5,000, the theft can be charged as a felony.
Types of Felony Theft in Colorado
There are several types of felony theft in Colorado, including:
- First-degree felony theft: This is the most serious type of felony theft and is punishable by up to 12 years in prison. First-degree felony theft is committed when the value of the stolen property is $100,000 or more or when the theft is committed using a deadly weapon or against a person who is 65 years old or older.
- Second-degree felony theft: This type of felony theft is punishable by up to 6 years in prison. Second-degree felony theft is committed when the value of the stolen property is between $5,000 and $100,000.
- Third-degree felony theft: This type of felony theft is punishable by up to 3 years in prison. Third-degree felony theft is committed when the value of the stolen property is between $2,000 and $5,000.
Circumstances that Can Lead to Felony Theft Charges
In addition to the value of the stolen property, there are several circumstances that can lead to felony theft charges in Colorado. These include:
- Using a deadly weapon: If a deadly weapon is used during the commission of the theft, the theft can be charged as a felony.
- Theft from a person: If the theft is committed against a person, such as by taking their purse or wallet, the theft can be charged as a felony.
- Theft from a vulnerable person: If the theft is committed against a vulnerable person, such as a person who is 65 years old or older, the theft can be charged as a felony.
- Receiving stolen property: If a person receives stolen property, they can be charged with felony theft.
Penalties for Felony Theft in Colorado
The penalties for felony theft in Colorado vary depending on the type of felony theft and the circumstances of the crime. The maximum penalties for felony theft in Colorado are as follows:
| Type of Felony Theft | Maximum Penalty |
|---|---|
| First-degree felony theft | 12 years in prison, $750,000 fine |
| Second-degree felony theft | 6 years in prison, $500,000 fine |
| Third-degree felony theft | 3 years in prison, $300,000 fine |
Defenses to Felony Theft Charges
If you are facing felony theft charges in Colorado, there are several defenses that your attorney may use to defend you. These include:
- Lack of intent: If you did not intend to steal the property, you may be able to argue that you did not commit the crime.
- Mistake of fact: If you believed that the property was yours or that you had permission to take it, you may be able to argue that you did not commit the crime.
- Duress: If you were forced to commit the theft by someone else, you may be able to argue that you did not commit the crime.
- Insufficient evidence: If the prosecution does not have sufficient evidence to prove that you committed the crime, your attorney may be able to argue that the charges should be dismissed.
Conclusion
Felony theft is a serious crime in Colorado that can result in severe consequences. It is important to understand the laws and penalties surrounding felony theft in Colorado, as well as the defenses that may be available if you are facing charges. If you are facing felony theft charges, it is important to consult with an experienced criminal defense attorney who can help you navigate the legal process and defend your rights.
