In Fort Collins and Larimer County, Theft is charged when a person is accused of taking something belonging to another with the intent to never give it back. A shoplifter was recently given a summons for Theft after he left a Kohls store with a bag full of merchandise he never paid for. According to the report, police were called when store employees noticed the man taking clothing into the fitting rooms and hiding the clothing in a bag. It was also noted that the man had a gun in a holster on his hip. Officers saw the man leave the store with the bag full of goods confirming that he had not paid for it. Questions about the encounter arose when it was determined the man had four felony convictions on his record, yet there was no charge for Possession of a Weapon by a Previous Offender. This is because new legislation changed this rule, where not ALL felony convictions mean the person can’t possess a weapon. Only certain felony convictions preclude someone from possessing a firearm. It seems that the man’s previous convictions did not make it so he can’t have a weapon. While the article did not disclose the value of the clothing the shoplifter stole, since he was ticketed and not arrested, it was likely a misdemeanor Theft charge.
Fort Collins Theft Lawyer: Definition of Theft in Colorado
The Fort Collins, 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; 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.
For shoplifting, the most common subsection that gets charged is (a). Generally, an accused shoplifter is taking the store’s goods with the intent of permanently depriving the store of the items.
Sentence for Kohl’s Shoplifter in Loveland and Estes Park
In Fort Collins, Loveland, and Estes Park, Theft is a petty offense, misdemeanor, or felony, depending on the value of the items taken. Theft is:
- A class 1 petty offense if the value of the thing involved is less than three hundred dollars;
- A class 2 misdemeanor if the value of the thing involved is three hundred dollars or more but less than one thousand dollars;
- A class 1 misdemeanor if the value of the thing involved is one thousand dollars or more but less than two thousand dollars;
- A class 6 felony if the value of the thing involved is two thousand dollars or more but less than five thousand dollars;
- A class 5 felony if the value of the thing involved is five thousand dollars or more but less than twenty thousand dollars;
- A class 4 felony if the value of the thing involved is twenty thousand dollars or more but less than one hundred thousand dollars;
- A class 3 felony if the value of the thing involved is one hundred thousand dollars or more but less than one million dollars; and
- A class 2 felony if the value of the thing involved is one million dollars or more.
Given that the man was holding a bag of goods when he left the store, the total value of the items in the bag likely did not total $2,000 or more – meaning it would be a petty offense or misdemeanor charge.
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. We also practice in Greeley – Weld County. CLICK HERE TO VISIT OUR GREELEY SITE. Together, we can protect your future.
Photo by Craig Adderley