Theft is charged in Fort Collins and Larimer County when a person is accused of taking something of value that doesn’t belong to them with this intent of keeping it from the owner. If the item of value is a car, truck, van, or other type of vehicle, then Aggravated Motor Vehicle Theft is charged. Recently, an uptick in car thefts has been attributed to Tik Tok. According to the report, the social media site, which features users creating short videos, showed the ‘Kia Challenge’ where a step by step was given to show how to use a USB cable to hijack and steal certain cars (some Kia and Hyundai models). If anyone in Colorado had used this ‘how-to’ video to take a car and were caught, they would likely be facing Aggravated Motor Vehicle Theft charges.
Larimer County Aggravated Motor Vehicle Theft Lawyer: Definition of Aggravated Motor Vehicle Theft in Colorado
In Larimer County, Colorado, a person can be charged with Aggravated Motor Vehicle Theft in the First Degree or Aggravated Motor Vehicle Theft in the Second Degree depending on the circumstances. The Colorado law definition of Aggravated Motor Vehicle Theft in the First Degree – C.R.S. 18-4-409(2) – is:
(a) Retains possession or control of the motor vehicle for more than twenty-four hours; or
(b) Attempts to alter or disguise or alters or disguises the appearance of the motor vehicle; or
(c) Attempts to alter or remove or alters or removes the vehicle identification number; or
(d) Uses the motor vehicle in the commission of a crime other than a traffic offense; or
(e) Causes five hundred dollars or more property damage, including but not limited to property damage to the motor vehicle involved, in the course of obtaining control over or in the exercise of control of the motor vehicle; or
(f) Causes bodily injury to another person while he or she is in the exercise of control of the motor vehicle; or
(g) Removes the motor vehicle from this state for a period of time in excess of twelve hours; or
(h) Unlawfully attaches or otherwise displays in or upon the motor vehicle license plates other than those officially issued for the motor vehicle.
The Aggravated Motor Vehicle Theft in the Second Degree – C.R.S. 18-4-409(4) – is:
Basically, if none of the subsections from 1st Degree Aggravated Motor Vehicle Theft apply, but someone still stole a car, then they are charged with 2nd Degree Aggravated Motor Vehicle Theft.
Sentence for ‘Kia Challenge’ Aggravated Motor Vehicle Theft in Loveland and Estes Park
Aggravated Motor Vehicle Theft is charged based on the value of the vehicle that is stolen. For First Degree Aggravated Motor Vehicle Theft, it is charged as:
(a.5) Class 4 felony if the value of the motor vehicle or motor vehicles involved is twenty thousand dollars or more but less than one hundred thousand dollars;
(b) Class 3 felony if the value of the motor vehicle or motor vehicles involved is more than one hundred thousand dollars or if the defendant has twice previously been convicted or adjudicated of charges separately brought and tried either in this state or elsewhere of an offense involving theft of a motor vehicle under the laws of this state, any other state, the United States, or any territory subject to the jurisdiction of the United States.
For Aggravated Motor Vehicle Theft in the Second Degree, it is charged as:
(b) Class 6 felony if the value of the motor vehicle or motor vehicles involved is two thousand dollars or more but less than twenty thousand dollars;
(c) Class 1 misdemeanor if the value of the motor vehicle or motor vehicles involved is less than two thousand dollars.
If you or someone you love has been charged with Aggravated 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.
Photo by Matthias Zomer