Unauthorized Use of a Motor Vehicle is a relatively new law in Colorado, having only been added to the Colorado Revised Statutes this year. Previously, an act of Unauthorized Use would have been charged as Motor Vehicle Theft under Colorado’s former law. Depending on the circumstances, it could have even resulted in a felony charge. The good news is that if you have been charged with the new Unauthorized Use of a Motor Vehicle and have never been previously convicted, it is a class 1 misdemeanor. Even so, it is still in your best interest to contact a top criminal defense lawyer if you have been charged. Criminal charges will have a far-reaching impact on your future and finances, and only an experienced attorney can protect you.
1. Fort Collins Definition of Unauthorized Use of a Motor Vehicle, C.R.S. 18-4-409.5
The Fort Collins definition of Unauthorized Use of a Motor Vehicle, C.R.S. 18-4-409.5, is as follows:
(a) The person does not commit a criminal offense other than a misdemeanor traffic offense except eluding a police officer as described in section 42-4-1413 in the course of obtaining control over or in the exercise of control of a motor vehicle; and
(b) The motor vehicle is returned to the owner or recovered by law enforcement within twenty-four hours after being reported as missing or stolen by the owner, with no damage to the motor vehicle.
Essentially, Unauthorized Use involves taking or using another person’s car or other motor vehicle without permission. For this crime to be charged, the car must be returned or recovered within 24 hours of it being reported as missing. In addition, the defendant must not have committed another crime while using the vehicle. If the vehicle is missing longer than 24 hours, or the defendant committed another crime, she will instead be charged with Motor Vehicle Theft.
2. Unauthorized Use of a Motor Vehicle vs. Motor Vehicle Theft in Loveland and Estes Park
Like Unauthorized Use of a Motor Vehicle, Motor Vehicle Theft, C.R.S. 18-4-409, is charged in Loveland and Estes Park when a person unlawfully exercises control over another’s motor vehicle. However, Motor Vehicle Theft / MVT is always felony crime, whereas Unauthorized Use is a misdemeanor for the first offense. There are several differences between these two crimes, some of which include:
- Time the person had control over the vehicle: Unauthorized Use is charged when the car is recovered or returned to the owner within twenty-four hours without damage. If the vehicle is missing for longer than that 24-hour time period, the person who took the car would be charged with Motor Vehicle Theft.
- Whether the vehicle was used to commit another crime: Motor Vehicle Theft does not always involve using the vehicle to commit another crime. If the person who took the car did use it to commit another crime, though, she would be charged with the felony Motor Vehicle Theft.
- Means of obtaining the vehicle: Motor Vehicle Theft can involve obtaining a motor vehicle through threats or deception. Unauthorized Use only involves using another’s vehicle without authorization.
3. Penalties for Unauthorized Use of a Vehicle at the Larimer County Courts
Penalties for a conviction of Unauthorized Use of a Motor Vehicle at the Larimer County Courts depend on whether the defendant has been previously convicted. A first conviction of Unauthorized Use is a class 1 misdemeanor, but any second or subsequent conviction is a class 5 felony. See the breakdown of penalties below:
Number of Offenses |
Classification |
Penalties |
| First | Class 1 misdemeanor / M1 |
|
| Second or subsequent | Class 5 felony / F5 |
|
Even though Unauthorized Use is a misdemeanor for the first offense, you cannot afford to underestimate how dangerous this charge is to your future. If you are convicted, you will be left with a Larimer County Court criminal record that will impair your ability to find a job or housing. Don’t wait to contact the best criminal defense lawyer who will fiercely defend you and protect your future.
Have you been charged with Unauthorized Use of a Motor Vehicle? First, remember to exercise your right to remain silent. Then call (970) 658-0007 to discuss your charges with a top criminal defense lawyer today. Together, we can protect your future.
The location for the Larimer County Courthouse is 201 Laporte Avenue, Fort Collins, Colorado. We’ll see you there!
Photo by Ryan West