Fort Collins Petty Theft Lawyer | Don’t Take a Cop’s Fry

A woman was arrested and charged with Petty Theft for taking 3 french fries from a police officer's plate.
A woman was arrested and charged with Petty Theft for taking 3 french fries from a police officer's plate.
Image Source: Pixabay-skeeze

Some people take great offense when another person eats something off their plate. Sharing can be a difficult concept to master. One woman definitely felt the wrath of a man not willing to share when she ended up handcuffed and in the back of a police car charged with Theft. According to the news report, two women were in a restaurant when they approached a police officer and began chatting with him. During the conversation, one of the women reached over and took a french fry from the officer’s plate. The cop told the woman not to do that again because it was stealing. She didn’t listen and took another fry, only to be arrested for the Theft of three french fries. Isn’t there real crime happening in the world? Food must have been #1 on that cop’s mind!

Larimer County Theft Attorney: What is the Definition of  Petty Theft?

The Colorado law definition of Theft – C.R.S. 18-4-401 – is:

A person commits theft when he or she knowingly obtains, retains, or exercises control over anything of value of another without authorization or by threat or deception; or receives, loans money by pawn or pledge on, or disposes of anything of value or belonging to another that he or she knows or believes to have been stolen, and:

(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.

While it may seem ridiculous, taking someone else’s french fries technically meets the criteria for Theft in Larimer, Boulder, and Grand County. Eating another’s fries deprives the person from from the use of those fries permanently. I’m sure that Colorado lawmakers did not have a situation like this in mind when they wrote the Theft statute, but it fits none the less.

Loveland Theft Attorney: What is the Sentence / Punishment for Petty Theft?

Theft can be charged as a felony, misdemeanor, or petty offense in Fort Collins, Loveland, and Estes Park depending on the value of the items taken. Yes, even taking something worth mere pennies can lead to a petty offense conviction. According to the statute, taking anything valued at $49 or less, warrants a petty Theft charge. How do they figure out the value of three french fries? I have no idea- but it seems like more work and time than it is worth.  Hopefully, the officer will be given full restitution so he can feel satisfied.

If you or someone you love has been charged with Theft, be smart, exercise your right to remain silent, and contact the best Fort Collins criminal defense attorneys from the O’Malley Law Office at 970-658-0007 to schedule a free consultation. Together, we can protect your future.