Theft is charged in Fort Collins and Larimer County when a person is accused of taking something that doesn’t belong to them, without permission, with the intent to keep it from them permanently. Often in news stories and on social media, when someone is reporting on a Theft, they also use the terms Robbery and Burglary. While both can involve an element of Theft, very specific components must be present to charge Robbery or Burglary. Generally, taking something from a store, also known as Shoplifting, is charged as Theft. Let’s look at how Robbery and Burglary are charged and when those charges would apply in a store Theft situation.
Larimer County Robbery Attorney: How is Robbery Charged in Colorado?
The Larimer County, Colorado law definition of Robbery – C.R.S. 18-4-301 – is:
The key to this crime is ‘from the person or presence of another.’ Meaning, another person has to actively be involved. So, Robbery would not apply if a person slipped something into their pocket and stole it. It wouldn’t be charged if someone walked in and openly grabbed a bunch of items and quickly ran out of the store. However, if an employee gets involved and tries to grab the item and a tug of war ensues, then it could be considered Robbery. Robbery is a class 4 felony in Colorado.
Loveland Burglary Defense Attorney: Definition of Burglary in Larimer County
In Loveland and across Larimer County, Second Degree Burglary – C.R.S. 18-4-203 – is defined as”
The important piece of this crime is unlawfully entering or remaining. If the person who entered the store was legally allowed to be in the store, then the Trespassing piece of Burglary would not apply. But, if the person had previously been trespassed and told not to come back to the store, then Burglary might be applicable.
If you or someone you love has been charged with Theft, Burglary, or Robbery, 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. Together, we can protect your future.
Photo by Craig Adderley