I don’t know about you but, when I see an article about a potential scam, I always check it out. A man is has been accused of trying to scam local pet stores out of money. Apparently, the man has been visiting a few privately owned pet stores claiming to have bought dog food there and it contained bugs. That would definitely be a concerning issue, if it were true. When the store requested the man provide a receipt or the buggy food in order to give him the $90 refund he was demanding, he could not produce either. It has been reported that the man had frequented a few different pet stores, but has yet to be successful. But, this does not mean he is off the hook. If caught, he could be facing Attempted Theft charges.
Larimer County Theft Lawyer: What is the Definition of Theft?
In Larimer, Boulder, and Grand County, Theft – C.R.S. 18-4-401 – is defined as:
(a) Intends to deprive the other person permanently of the use or benefit of the thing of value;
(b) Knowingly uses, conceals, or abandons the thing of value in such manner as to deprive the other person permanently of its use or benefit;
(c) 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;
(d) 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
(e) Knowingly retains the thing of value more than seventy-two hours after the agreed-upon time of return in any lease or hire agreement.
As you can see, using deception to obtain something of value is Theft. Even though the man never got any money, by lying to try and get it, he was attempting to commit a Theft.
Fort Collins Attempted Theft Lawyer: What is the Sentence / Punishment for Attempted Theft?
Theft can be charged as a felony, misdemeanor, or petty offense, depending on the value of the items stolen. Pretend the man above was successful at one store and was able to get the $90. For this amount of money, he would be looking at a class 3 misdemeanor. Because he was not successful, he could still be charged with Attempted Theft. When taking a ‘substantial step’ toward committing a crime, it makes a person eligible to be charged with Criminal Attempt. Often, adding the ‘Attempt’ element to a crime lowers the misdemeanor or felony level. However, since the man would be facing the lowest level misdemeanor charge, it stays at the class 3 misdemeanor level which is punishable by up to 6 months in the Larimer County Jail.