This past week, a man in another state was arrested for Theft. What did he steal and how much was it worth? Well, he took two burritos not worth more than $5 from a gas station. Yet, he is facing 5 years in prison. It may seem like an extreme punishment, but apparently the man has numerous theft arrests in his past and the judge is tired of giving him chances.
The 42-year-old man claimed he was hungry when he took the burritos and told the judge he was willing to change. However, when the judge looked into his arrest record as well as his pattern of probation violations, he couldn’t let this one go without a more serious punishment. He was sentenced to 0 to 5 years in prison, and the parole board will determine his release date.
Burrito Theft in Fort Collins
Basically, in Larimer, Boulder, and Grand County Theft is taking something from someone else with the intent to never give it back. Theft – C.R.S. 18-4-401 – can be charged as a felony, misdemeanor, or petty offense depending on the value of the item taken.
- Felony Theft: the item is valued at $2,000 or more.
- Misdemeanor Theft: the item is valued at $50 – $1,999.
- Petty Offense Theft: the item is valued at $49 or less.
So, according to Colorado statute, based on the value of the burritos, this man would have been charged with Petty Theft. How does a petty offense usually punishable with a fine turn into a prison sentence? Because of Habitual Offender sentencing.
What is a Habitual Offender in Larimer County?
[pullquote align=”right” textalign=”center” width=”50%”]Anyone convicted of any offense three times is considered habitual[/pullquote]Under Colorado law, there are many circumstances that describe a Habitual Offender. Because he is from another state, the laws may be different. In Fort Collins, Boulder, or Loveland, anyone convicted of any offense three times is considered habitual and can therefore be punished more severely.