Planned Check Fraud Turns into Theft | Fort Collins Lawyer

Read more about Check Fraud in Fort Collins and across Colorado.
Read more about Check Fraud in Fort Collins and across Colorado.
Image Credit: Pixabay – Markgraf-Ave

When a man pulled up to the bank drive-thru, he had the plan to pass a fraudulent check for $1,900. Imagine his surprise when he opened the carrier tube and found $500 in cash the previous customer had left behind. Probably feeling pretty lucky, he took the $500 and left the bank. Unfortunately for him, everything was caught on camera and the man was eventually found hiding in his girlfriend’s closet and was arrested. The money was never recovered.

What is Theft in Fort Collins?

Theft – C.R.S. 18-4-401 – is when something of value is taken from someone else without their consent and with the intent to never give it back. The punishment for Theft depends on the value of the item taken in Fort Collins, Loveland, and Estes Park.

For items valued under $2,000, the Theft is charged as:

  • A class 3 misdemeanor if the value of the item is between fifty and two hundred ninety nine dollars in Washington County ($50 – $299)
  • A class 2 misdemeanor if the value of the item is between three hundred and seven hundred forty nine dollars ($300 – $749)
  • A class 1 misdemeanor if the value of the item is between seven hundred fifty and one thousand nine hundred ninety nine dollars ($750 – $1,999)

For items valued $2,000 or more, the Theft is charged as:

  • A class 6 felony if the value of the item is between two thousand and four thousand nine hundred ninety nine dollars in Yuma County ($2,000 – $4,999)
  • A class 5 felony if the value of the item is between five thousand and nineteen thousand nine hundred ninety nine dollars ($5,000 – $19,999)
  • A class 4 felony if the value the item is between twenty thousand and ninety nine thousand nine hundred ninety nine dollars ($20,000 – $99,999)
  • A class 3 felony if the value of the item is between one hundred thousand and nine hundred thousand nine hundred ninety nine dollars ($100,000 – $999,999)
  • A class 2 felony if the value of the item is one million dollars or more ($1,000,000 and up)

The man in the case above took $500 in cash, which would be charged as a class 2 misdemeanor Theft.

Check Fraud in Larimer County

C.R.S. 18-5-205 – Fraud by Check – is defined by Colorado law as:

Any person, knowing he has insufficient funds with the drawee, who, with intent to defraud, issues a check for the payment of services, wages, salary, commissions, labor, rent, money, property, or other thing of value, commits fraud by check.

The punishment for this crime is similar to the Theft statute; it depends on the sum of the fraudulent check. If the check was written for less than $2,000 or two or more checks were written with a 60 day period totaling less than $2,000, the Fraud by Check is charged as a petty offense or misdemeanor. The schedule is as follows:

  • A class 1 petty offense if the check was for a sum of less than $50
  • A class 3 misdemeanor if the check was for a sum of $50 – $299
  • A class 2 misdemeanor if the check was for a sum of $300 – $749
  • A class 1 misdemeanor if the check was for a sum of $750 – $1,999
  • A class 6 felony if the check was for a sum of $2,000 or more.

In this case, the man would have just missed a felony charge, as his alleged check fraud was for $1,900. This would be a class 1 misdemeanor charge in Larimer, Boulder, and Grand County.

If you or a loved one has been charged with Theft or Check Fraud, be smart, exercise your right to remain silent and call the O’Malley Law Office at (970) 658-0007 to schedule a free consultation. We can even meet in the Larimer, Boulder or Grand County Jail for an inmate visit or attorney meeting. Together, we can protect your future.