$55,000 Carpet Cleaning? Crimes Against At-Risk Adults in Fort Collins

A man apparently charged a woman $55,000 for carpet cleaning services that he didn't start. Read more in our blog.
A man apparently charged a woman $55,000 for carpet cleaning services that he didn't start. Read more in our blog.
Image Credit: Pixabay – stevepb

A Westminster man was recently arrested for charging an elderly woman $55,000 for carpet cleaning services, which he allegedly never even started. The woman is legally blind and is diagnosed with multiple other ailments. The man, who owns a carpet cleaning business, made repeat trips to the woman’s house to collect checks for services that were never offered or completed. In Fort Collins, Loveland and Boulder, crimes like these are punished more severely because the ‘victim’ is elderly and considered at – risk.

Who are At – Risk Adults?

C.R.S. 18-6.5-102(2) defines At – Risk Adult as:

any person who is seventy years of age or older or any person who is eighteen years of age or older and is a person with a disability.

C.R.S. 18-6.5-102(3) defines At – Risk Elder as:

any person who is seventy years of age or older.

What are Crimes Against At Risk Adults in Larimer County?

For this case, there are a few charges the Westminster man may be charged with because of who he allegedly committed the crime against.

18-6.5-102(10) – Criminal Exploitation:

an act or omission committed by a person who: (a) Uses deception, harassment, intimidation, or undue influence to permanently or temporarily deprive an at-risk elder of the use, benefit or possession of anything of value.

In this case, the man is accused of deceiving the elderly woman to deprive her of money.

18- 6.5-103(5.5) – Theft Against At Risk Elder:

A person who commits Theft, and commits any element or portion of the offense in the presence of the victim, and the victim is an at-risk elder, or who commits theft against an at-risk elder while acting in a position of trust, whether or not in the presence of the victim, or commits theft against an at-risk elder knowing the victim is an at-risk elder.

In the carpet cleaning case, the man allegedly committed a theft against an at – risk elder knowing this victim is an at – risk elder.

Crimes against At-Risk Adults are punished more severely. 

Carpet Cleaning Front: What Are the Penalties for Crimes Against an AtRisk Adult?

For the Theft against an AtRisk Elder, he would be charged with a Class 3 felony because the amount of money taken was over $500. Another Class 3 felony would be charged for the Criminal Exploitation because, again, the amount of money taken was over $500. A felony conviction may require a sentence to the Colorado Department of Corrections (DOC).

Also, for each felony the accused is convicted of or pleads guilty to against an at – risk elder, there are fines the court will to be paid. C.R.S. 18-6.5-107(b) – Surcharge – Crimes Against At – Risk Persons – provides:

For each class 3 felony of which a person is convicted $1,000.

This means in Larimer, Boulder or Grand County, on top of restitution, which will likely be the amount he allegedly stole, he would also have to pay $2,000 if he is convicted of the two class 3 felony charges. This obligation arises with a guilty plea, a jury trial finding of guilty, or under a deferred judgment and sentence.

If you or a loved one has been charged with a crime against an at – risk person, be smart, exercise your right to remain silent and contact an experienced criminal defense lawyer from the O’Malley Law Office at (970) 658-0007 for a free consultation. Together, we can protect your future.