Imagine you just walked into your home and a man enters behind you to tell you he is there to pick-up the microwave. Many different scenarios would run through your mind, starting with the thought you are being. What really happened, though, never would have crossed my mind. Apparently, the man really was there to get the microwave, which he found advertised on Craigslist. When the homeowner looked around, he realized most of his appliances were missing, including: a washer, dryer, refrigerator, stove, mattress, and television. According to the news report, a squatter had found the home empty of its residents and decided to make some money selling its furnishings. While he is still at large, the squatter is wanted by law enforcement for Theft.
What is Theft in Larimer County?
The Colorado law definition of Theft – C.R.S. 18-4-401 – is:
- Intends to deprive the other person permanently of the use or benefit of the thing of value;
- Knowingly uses, conceals, or abandons the thing of value in such manner as to deprive the other person permanently of its use or benefit;
- Uses, conceals, or abandons the thing of value intending that such use, concealment, or abandonment will deprive the other person permanently of its use or benefit;
- Demands any consideration to which he or she is not legally entitled as a condition of restoring the thing of value to the other person; or
- Knowingly retains the thing of value more than seventy-two hours after the agreed-upon time of return in any lease or hire agreement.
Based on the story above, the man would be charged with Theft because he sold the appliance. He took something of value from another, with the intention of never giving it back. In Larimer, Boulder, and Grand County, Theft can be charged as petty offense, misdemeanor, or felony depending on the value of the items taken. The charts below outline the penalty level based on the item value:
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Petty and Misdemeanor Theft Offenses in Fort Collins:
| Class 1 Petty Theft Offense | Class 3 Theft Misdemeanor | Class 2 Theft Misdemeanor | Class 1 Theft Misdemeanor | |
| Item Price Range | Less than $50 | $50 to $299 | $300 to $749 | $750 to $1,999 |
| Maximum Penalty | *$500 fine
*6 months jail |
*$750 fine
*6 months jail |
*$1,000 fine
*12 months jail |
*$5,000
*18 months jail |
Felony Theft Offenses:
| Class 6 Felony Theft | Class 5 Felony Theft | Class 4 Felony Theft | Class 3 Felony Theft | Class 2 Felony Theft | |
| Item Price Range | $2,000 to $4,999 | $5,000 to $19,999 | $20,000 to $99,999 | $100,000 to $999,999 | $1,000,000 or more |
| Maximum Penalty | *$100,000 fine
*18 months prison |
*$100,000 fine
*3 years prison |
*$500,000 fine
*6 years prison |
$750,000 fine
*12 years prison |
*$1,000,000 fine
*24 years prison |
The man allegedly stole an estimated $5,000 worth of appliances and home furnishings. If the District Attorney can prove this to a jury, the man would face a class 5 felony Theft charge. This level felony is punishable by 1 to 3 years in the Colorado Department of Corrections and up to $100,000 in fines. An experienced criminal defense attorney would be able to argue for a probation sentence, especially with a first time offender in Fort Collins, Loveland, or Estes Park.