Crimes like Robbery and Theft have differences in their definitions and meaning, even though most of the things which define them are the same. In Fort Collins, Colorado Courts, judges and prosecutors are required to follow legal definitions created by our legislature, when you are accused of a crime. Theft and Robbery both involve the taking of the property of another, but one of them is more of a violent nature, and one is more sneaky. Let’s talk with our Fort Collins Theft and Robbery lawyers about each crime and learn what makes them different.
What is the Definition of Theft in the Larimer County, Colorado Courthouse?
Colorado law defines Theft at C.R.S.18-4-401, as:
- Intends to deprive the other person permanently of the use or benefit of the thing of value; or
- Knowingly uses, conceals, or abandons the thing of value in such manner as to deprive the other person permanently of its use or benefit; or
- 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; or
- 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
- Knowingly retains the thing of value more than seventy-two hours after the agreed-upon time of return in any lease or hire agreement. (i.e. rental car).
What are Some Examples of Theft in Larimer County Courts?
Examples of Theft would include:
- Shoplifting,
- Stealing an Ebike or regular bicycle,
- Taking money from your employer (sometimes called embezzlement),
- Hooking up a trailer and driving away with it,
- Taking items from your neighbor’s front yard,
- Renting a car and not returning it,
- Taking a laptop which someone left unattended at a coffee shop,
- Pushing a moped or motorcycle away from where the owner left it.
The level of a charge for Theft depends on the value of the item stolen. If the value is less than two thousand dollars, it will be a misdemeanor or petty crime. If the value is two thousand dollars or more, it is a felony. In many cases, the type of crime based on Theft is overstated, when police blindly accept the property owner’s original purchase price for the item. Remember, a brand-new item is not as valuable after it has been used or with the passage of time. This can take a Fort Collins Police charge down from a felony to a misdemeanor, and greatly decrease the consequences of your crime.
What is the Fort Collins Courts Definition of Robbery Under C.R.S. 18-4-301?
The Robbery Definition in Fort Collins, Under Colorado Law C.R.S. 18-4-301, is met when:
- a person who knowingly takes,
- anything of value,
- from the person or presence of another,
- by the use of force, threats, or intimidation.
Larimer County Court Examples of Robbery are when someone:
- Grabs a cell phone from someone’s hands and runs away.
- Forces someone to get off their moped or bike and you ride off on it.
- Jumps in a running car and drive away as the owner is trying to get the car back from you.
- Takes a grocery cart of groceries as a store clerk is try to take it back from you.
- Quickly grabs the money someone just took out of an ATM.
- Shows a gun or knife, or say you have one, and tell a person to give you their purse or wallet (this is called Aggravated Robbery).
- You pull, push or take anything by force from someone else.
Robbery is normally a class 4 felony, and you will often go to prison if convicted. Aggravated Robbery is normally charged as a class 3 felony.
How is Fort Collins and Loveland Burglary Different than Theft and Robbery?
Burglary in Fort Collins and Loveland occurs when you come inside someone’s property to commit your crime. Notice that with each of the examples of Theft and Robbery crimes, you don’t normally go inside a garage, home or business to get these items (except for shoplifting). Crimes of Theft inside garages, homes and businesses are normally classified as Burglary – which increases the penalty, particularly within the home of someone. Never enter someone’s home without their permission. Most judges treat home and business Burglary for theft as more serious crimes.
Our Fort Collins criminal defense attorneys are frequently in the Larimer County Courthouse representing clients facing Theft and Robbery charges. After 30 years of legal practice, we know how to lower the level of severity of your Robbery or Theft Charge, and sometimes how to get the charges dismissed altogether.
Come and meet with us for a free consultation about your case – to evaluate the strengths and weaknesses of the government’s case. Most important, never answer questions of police officers who act nice and pretend they’re you friend. Call 970-658-0007 today, and learn “the whole truth” about your case. Together, we can protect your future.
Photo by Tima Miroshnichenko