Theft is charged in Fort Collins and Loveland when a person takes something from someone else with the intent of never giving it back. With the holiday season in full force, generally, package deliveries tend to be up. Christmas shopping is so much easier when you can order things online and have it brought right to your door! However, the up-tick in package arrivals sometimes brings in the unfortunate porch pirate situation. ‘Porch pirates’ is the name for someone who steals packages off another’s porch or front step. Doorbell cameras are making it easier to provide evidence of the Theft to law enforcement and if caught, the porch pirate could be charged with Theft.
Theft Lawyer in Larimer County: How is Theft Charged in Colorado?
The Larimer County, Colorado law definition of Theft – C.R.S. 18-4-401 – is:
(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;
(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; or
(f) Intentionally misrepresents or withholds a material fact for determining eligibility for a public benefit and does so for the purpose of obtaining or retaining public benefits for which the person is not eligible.
For the porch pirate situation, if a person was caught and charged with Theft, they would likely be charged under subsection (a). That’s the most commonly charged Theft subsection and what most people think of when they hear the term ‘Theft.’
Penalty for Theft in Loveland, Colorado
In Loveland and Fort Collins, Colorado, the charge level for Theft is based on the value of the items taken. If a porch pirate took a small package from a front step and there was a $10,000 ring in it, then it would be a class 5 felony charge. If a large package was taken and it contained a plastic storage container that cost $15, then it would be charged as a petty offense. The value is the most important element in determining how the Theft case would be charged.
If you or someone you love has been charged with Theft, be smart, exercise your right to remain silent, and contact the best criminal defense attorneys from the O’Malley Law Office at 970-658-0007 to schedule a free initial consultation. Together, we can protect your future.
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