• Taking, using, exercising control over, or abandoning property in such a way that it deprives the owner of its use.
• Demanding payment or any other kind of compensation for returning something to its owner.

This is probably what is most commonly thought of as theft, such as shoplifting or burglary. However, theft also includes scams and fraud. Tricking others into giving you money or goods is theft by deception, such as:

• Insurance fraud
• Assuming another person’s identity
• Embezzlement

Theft of services is receiving any service without paying for it:

• Leaving a restaurant without paying
• Failing to return a rental car
• Remaining in a rental property or hotel room without payment

Theft is differentiated from robbery in that the person that owns the property is not present when it is taken, and it is not removed by physical force or threats of violence

Seriousness of Theft Charges

The seriousness of the charges in a theft crime are determined by the value of the item that was stolen.

• Petty theft is the least serious, theft cannot exceed $50. Up to 6 mos. in jail and fines of $500.
• Class 3 Misdemeanor: Between $50 – $300 in value. Up to 6 mos. in jail and fines up to $750.
• Class 2 Misdemeanor: Between $300 – $750. At least 3 mos. to 1 year in jail and fines up to 1,000.
• Class 1 Misdemeanor: Between $750 – $2,000. At least 6 mos. to 18 mos. in jail and fines up to $5,000.

Theft crimes involving items valued at $2,000 or more are charged as felonies. The fines and jail times increase, based on the value of the items stolen. Crimes of theft are considered “crimes of moral turpitude.” This means even a relatively low value theft can have grave consequences. Crimes of theft can lead to deportation for non-citizens, loss of professional licenses and affiliation, and may have to be reported to employers and even on job applications.

Defenses for Crimes of Theft

There are a variety of defenses that could be effective in defending accusations of theft. The laws around theft are complicated and require multiple elements to be satisfied in court.

Is Ownership of the Property Clear?

Theft requires that the defendant knowingly took another person‘s property. The defense may strive to show that ownership is not clearly defined. This is frequently the case in families or couples where there has been a history of sharing or pooling resources. If the defense can show a pattern of giving and taking between the parties involved, it casts doubt on the idea that the defendant knowingly took someone else’s property.

Outside of any prior relationship, if the defendant reasonably could have been mistaken about the ownership when they took the property, then they did not “knowingly” commit the crime of theft.

Did the Accused Have the Intent to Steal?

Theft requires that the prosecutor prove the defendant had the intent to commit the crime. If the defendant was too intoxicated, impaired, did the act unknowingly, or intended to borrow and return the property – they did not have the intent.

What Is The Real Value of the Stolen Property?

This is a defense that aims to have the charges lowered. It affirms the theft took place but is of lesser value than claimed by the prosecutor.

Conviction of any theft can have serious consequences to your future, far beyond jail and fines. The Bussey Law Firm, P.C. can navigate the complexities of the law and defend your reputation. Put a team of legal experts in your corner. Call The Bussey Law Firm, P.C. at (719) 475-2555.

The post Common Defenses for Colorado Theft Crimes appeared first on Colorado Springs Attorneys.

What Is Theft?

Theft is a blanket term used to cover many different crimes. There are many kinds of theft, such as auto theft, petty theft, and grand theft. Larceny is often used interchangeably with theft. For example, you may have heard of grand larceny, which is often the same charge as grand theft.

In order for a crime to be considered theft, there have to be a few key factors present.

First, the alleged criminal must steal a piece of property, such as money, a bike, or even a lawn ornament, without the legal owner’s permission.

Second, said property must have been taken from the legal owner’s possession. An attempted theft will be charged as just that and will most likely not be considered a full theft crime.

Finally, the alleged thief must fully intend to take the property for their own gain or use. If someone accidentally takes something, say a coat that looks identical to their own, and returns it once the mistake is realized, it would not be considered theft.

The victim, or property owner, does not have to be present in the case of a theft crime. In fact, it is common for them to not be there when the crime takes place.

What Is Robbery?

Robbery, similarly to theft, is defined as the act of taking something that does not belong to you without the permission of the owner of the object. It has all the same legal requirements as theft, such as a lack of permission, as well as an intent. However, robbery has an extra element of force. In order for a court to charge someone with the crime of robbery, that person must have threatened their victim with force.

This also means that robbery requires that the victim be present at the time of the crime. If there is no present victim, no threats can be made, and thus the crime would be theft, not robbery.

Why Are They Different?

There are two primary differences between a robbery and a theft. The first being the presence of a threat of force. A thief may break into a house when they know that no one is home, grab the TV and jewelry and run. A robber could do the same, but when someone is home. The robber must use a threat, often with a weapon, in order to steal from their victim.

The second difference is the location of the victim. A thief never has to meet their victim. They may grab a shirt from a department store and walk out without paying. For something to be considered a robbery, there must be some sort of threat, which means there must be someone to threaten. Without a present victim, the crime cannot be considered a robbery.

Which Is Worse in Colorado?

Theft can be considered a misdemeanor or a felony in Colorado, depending on which kind is committed. For example, petty theft, or theft of an object(s) worth less than $400, is a misdemeanor and is usually not punished too harshly. Aggravated auto theft, on the other hand, is a felony, and may result in several years in jail as well as hefty fines.

Because robbery involves a threat of force to a victim, it is always considered a felony and is punished harshly. Usually, within the eyes of the law, robbery is the worse crime between the two.

If you or a loved one are facing charges of theft or robbery, chances are you’re feeling incredibly stressed about what your future holds. What penalties could you be facing? How are you going to defend yourself? What happens if you lose the case? We at The Bussey Law Firm, P.C. could help you answer these questions, and provide you with a skilled Colorado Springs criminal defense attorney. Call us at (719) 475-2555 and learn about your rights under the law.

The post Do You Know the Difference Between Theft and Robbery? appeared first on Colorado Springs Attorneys.

In the state of Colorado, credit card fraud is treated as a form of identity theft, and is outlined in its criminal codes 18-5-901 and 18-5-903. Colorado defines credit card fraud as being in possession of someone else’s credit card information without permission for purposes of committing a crime. They look specifically at financial devices being used in the commission of the fraud, such as credit cards, debit cards, checks, and money orders. Basically, anything that can be used to carry out this crime of obtaining cash or property from the account holder or to make financial transactions illegally.

If you are being accused of credit card fraud, there are defenses you and your attorney can utilize when facing these charges. One such defense is lack of intent. You have to have intended to commit the fraudulent act. Therefore, if you didn’t know your card was expired or you lacked the knowledge that there wasn’t enough money in the account to cover the transactions being made, you can claim lack of intent because you didn’t mean to commit the fraud.

Another defense one can use is mistake. The first scenario where mistake can be utilized is mistaken identity. It is not always perfectly clear who has committed the fraud, so your attorney can claim the prosecution has mistakenly accused the wrong person and, with lack of sufficient evidence to prove otherwise, can apply this defense. The second situation where a mistake can be claimed is where you actually did have authorization to use the card from the card holder so you weren’t in illegal possession of the credit card. Even if the credit card wasn’t in your name, but the card holder gave you permission to use it, you can claim you had authorization and therefore were not committing fraud by making purchases with the card holder’s information.

If you are confused or uncertain about how to proceed when being accused of credit card fraud, seek the legal counsel of a theft defense attorney who has experience in this field of law and has successfully dealt with cases involving credit card fraud in the past. The Bussey Law Firm, P.C. will provide you with the defenses you’ll need against credit card fraud, so don’t hesitate to give us a call and learn more about what we can do to help you when facing these charges. Contact The Bussey Law Firm, P.C. today at (719) 475-2555.

The post Possible Defenses for Colorado Credit Card Fraud appeared first on Colorado Springs Attorneys.

Colorado is one such state that includes credit card fraud within its identity theft statutes. Under Colorado law, credit fraud involves being in possession of a financial device for criminal purposes. Financial devices are considered items such as credit cards, debit cards, checks, or money orders that a criminal can use to either acquire cash from the person’s account or make illegal purchases using that person’s name and credit. If you have working knowledge that the financial device you are in possession of is possibly stolen or not under your authorization to use, the

n you are at risk of being charged with credit card fraud. For example, if someone finds a lost credit card and uses it to make unauthorized transactions, they are guilty of credit card fra

ud.

Colorado’s criminal code 18-5-903 outlines the different categories for illegally having a financial device:

“(a) criminal possession of one financial device is a class 1 misdemeanor, (b) criminal possession of two or more financial devices is a class 6 felony, and (c) criminal possession of four or more financial devices, of which at least two are issued to different account holders, is a class 5 felony.”

If you are found guilty of being in possession of these financial devices for unlawful purposes, you could be facing anywhere from six months to three years in prison and a fine of $5,000 to $100,000, along with the possible restitution fees owed to the victim.

Because of the complex nature of credit card fraud charges and the seriousness of the penalties that accompany them, it is important to have legal counsel there to help you. The Bussey Law Firm, P.C. is ready to assist you during these times, so give us a call today and find out what we can do to make sure you are receiving the proper defense you deserve. Contact a theft defense lawyer at The Bussey Law Firm, P.C. today at (719) 475-2555.

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In Colorado, the theft crimes fall under Colorado penal code 18-4-401. The code outlines the following penalties for each level of theft charge.

PETTY THEFT

These are the most minor theft crimes, usually involving shoplifting. Any item worth less than $50 that’s stolen falls under a petty theft charge. Penalties for this crime are usually a fine that’s maxed out at $500.

MISDEMEANOR THEFT

In Colorado, there are 3 levels of misdemeanor theft charges. They depend on the value of the item allegedly stolen:

• Class 1 Misdemeanor – the item stolen was worth between $750.00 and $2,000.00. Punishment is up to 18 months in jail and/or a $5,000.00 fine.
• Class 2 Misdemeanor – the item stolen was worth between $300.00 and $750.00. Punishment is up to 12 months in jail and/or a $1,000.00 fine.
• Class 3 Misdemeanor – the item stolen was worth between $50.00 and $300.00. Punishment is up to 6 months in jail and/or a fine.

FELONY THEFT

In Colorado, there are 5 levels of felony theft charges. They also depend on the item value:

• Class 2 Felony – the item is worth over $1 million. Punishment is 8 to 24 years in prison and/or up to a $1 million fine.
• Class 3 Felony – the item is worth between $100,000 and $1 million. Punishment is 4 to 12 years in prison and/or a fine.
• Class 4 Felony – the item is worth between $20,000 and $100,000. Punishment is 2 to 6 years in prison and/or a fine.
• Class 5 Felony – the item is worth between $5,000 and $20,000. Punishment is 1 to 3 years in prison and/or a fine.
• Class 6 Felony – the item is worth between $2,000 and $5,000. Punishment is 1 year to 18 months in prison and/or a fine.

Contact Us

The Bussey Law Firm, P.C. can help anyone accused of theft. We’ve been there for many Colorado Springs residents and can do the same for you. You can reach us at (719) 475-2555.

The post Penalties for Colorado Theft Crimes appeared first on Colorado Springs Attorneys.

The Colorado Springs police force is responding to these increases in several ways. One of the most prominent involves the creation of a Motor Vehicle Theft Task Force (MVT Task Force) to address motor vehicle thefts specifically. The task force includes a sergeant and three officers, and it partners with other agencies to use technology like license plate readers and other resources to track down vehicles believed to be stolen, according to the agency.

The agency is also holding regular meetings to discuss how to handle increases in property crimes and other suspected criminal activity, and it uses computer analysis of existing data to decide where police should be dispatched during their regular work hours. Finally, the agency has begun using “Directed Patrols,” in which certain officers in vehicles patrol areas looking for signs of suspected criminal activity, while others are assigned to answering calls for assistance.

Although these additional patrols may identify more suspicious behavior, a suspicion is not the same thing as guilt. If you’re facing criminal charges for a property crime, don’t hesitate to protect your legal rights. Call The Bussey Law Firm, P.C. today at (719) 475-2555 for a free and confidential consultation.

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