In Fort Collins, Loveland, and Estes Park, Theft charges occur after a person takes someone else’s property (with no intention of returning it) without authorization. The severity of the offense is based on the value of the items which were stolen. In this blog, we’ll take a closer look at Theft – C.R.S. 18-4-401 charges and white collar crime in Larimer, Boulder, and Jackson County.
What is Theft and White Collar Crime in Northern Colorado?
Theft charges come in all shapes and sizes. Shoplifting, embezzlement from work, and car theft are all examples. Embezzlement from a job is considered to be a white collar crime. My cases where clients have been charged with Theft usually involve people who have never stolen anything before. They are usually in need, and a desperate move results in Theft charges. Embezzlement is different, however. My clients who have been charged with white collar crime like Embezzlement usually have stolen much larger amounts over a long period of time. Usually, they steal money from their employer, realize they got away with it, and repeat the theft. Embezzlement is often a long-term habit.
What is the Sentence for Embezzlement and Theft?
The sentence for Theft depends on how much the items which were stolen are worth. Depending on the amount taken, it can be a misdemeanor or felony. For example, if you are accused stealing $25,000, then you would be facing a class 4 felony.
Recently, prosecutors have been pushing for jail and prison time for convictions of white collar crimes like embezzlement. This doesn’t make sense to me: Why would the court sentence people to prison for non-violent crimes when prisons are more full than they ever have been? Additionally, victims cannot get any restitution when defendants are in prison and can’t work. This is nonsense. The government’s desire to demonstrate the seriousness of white collar offenses has created a burden on society and the taxpaying public.
Why is Embezzlement Taken So Seriously?
Embezzlement is taken seriously in our court system because of the damage that can be done to a business. When an employee steals from their own company, trust is violated and the company often struggles because of the loss. Other employees may lose their job and house. When looking at consequences of a white collar crime, courts often look at 1) whether or not the business struggled as a result of the theft (needing to file for bankruptcy, taking out a loan, downsizing, etc.), 2) how much was stolen, and 3) how long the employee was embezzling from the business.
Why You Need an Attorney for White Collar Crime
Often, the biggest mistake people make is to confess to embezzlement before contacting an attorney. This is a mistake. People think that if they confess and take responsibility, their admission of guilt will help them in the long run. Nothing is further from the truth. District Attorneys love it when people confess to crimes – they know they have a slam dunk case and prosecute accordingly. Because embezzlement and theft charges can result in years in prison, it is important that you contact an experienced criminal defense attorney if you are being investigated. Don’t give any statements to the police. Contact a skilled criminal defense lawyer instead and talk to a friend – not an enemy.
If you or a loved one is being investigated for theft, embezzlement, or other white collar crimes in Larimer County, be smart, exercise your right to remain silent, and contact an experienced criminal defense attorney at the O’Malley Law Office for a free consultation in our downtown Fort Collins office at 970-658-0007. Together, we can protect your future.
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