Motor Vehicle Theft is charged in Fort Collins and Larimer County, when a person is accused of unlawfully exercising control over a vehicle without permission. A man recently caught his car theft on video – and he even tried to run down the thief! According to the report, the Colorado man had started his car and walked back to his front porch to grab a water bottle. In that time, another vehicle approached and a passenger got out, got into the running car and took off with it. The car owner tried chasing the car down, originally with the thought that he could try and get in, but then began focusing on trying to get license plate information for the other vehicle. If caught, the person who took the man’s vehicle would be facing Motor Vehicle Theft charges.
Fort Collins Motor Vehicle Theft Lawyer: How is Motor Vehicle Theft Charged in Colorado?
The Fort Collins, Colorado law definition of Motor Vehicle Theft – C.R.S. 18-4-409 – is:
(3) A person commits motor vehicle theft in the second degree if the person knowingly obtains, exercises control over, receives, or retains the motor vehicle of another person; and the person knows or should reasonably have known that the act was without authorization or was by threat or deception; and:
(a) The person retains possession or control of the motor vehicle for more than twenty-four hours;
(b) The person attempts to alter or disguise or alters or disguises the appearance of the motor vehicle;
(c) The person attempts to alter or remove or alters or removes the vehicle identification number;
(d) The person removes the motor vehicle from this state;
(e) The person unlawfully attaches or displays a license plate in or upon the motor vehicle other than those plates officially issued for the motor vehicle;
(f) The person or a participant causes one thousand dollars or more property damage, including property damage to the motor vehicle involved, in the course of obtaining control over, in the exercise of control of, in the course of receiving, or in the course of retaining the motor vehicle;
(g) The person causes bodily injury to another person other than to a participant while in the exercise of control of the motor vehicle;
(h) The person uses or attempts to use the motor vehicle in the commission of a crime other than:
(I) A traffic offense except eluding a police officer as described in section 42-4-1413; or
(II) A first or second degree criminal trespass of the motor vehicle; or
(i) At the time of the act, the motor vehicle displayed a license plate or placard indicating the motor vehicle belongs to a person with a disability.
(4) A person commits motor vehicle theft in the third degree if the person knowingly:
(a) Obtains or exercises control over the motor vehicle of another person; and the person knows or should reasonably have known that the act was without authorization or was by threat or deception; or
(b) Receives or retains the motor vehicle from another person who is not the owner of the motor vehicle; the person exercises control over the motor vehicle; and the person knows or should reasonably have known that the act was without authorization of the owner.
Based on the information provided in the article, the person would at least be facing the Motor Vehicle Theft in the Second Degree charge, because as far as I know, the vehicle has not been recovered. If the person has previous convictions for Motor Vehicle Theft on his or her record, then the Motor Vehicle Theft in the First Degree would be charged.
Sentence for Motor Vehicle Theft in Loveland
In Loveland and Fort Collins, Motor Vehicle Theft is charged as follows:
- Motor Vehicle Theft in the First Degree is a class 3 felony.
- Motor Vehicle Theft in the Second Degree is a class 4 felony.
- Motor Vehicle Theft in the Third Degree is a class 5 felony.
These felony crimes are all punishable by a sentence to the Colorado Department of Corrections.
If you or someone you love has been charged with Motor Vehicle 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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