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Understanding Theft Charges in Denver

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17 September, 2021

Theft crimes are extremely common in Denver. If you are charged with theft, there’s no question the situation can be confusing and intimidating. 

Colorado criminal law isn’t easy to understand. Because of that, one of the best things you can do is to hire a Denver criminal defense attorney. Our team at The Law Offices of Steven J. Pisani is ready to defend your case and help you understand the charges you are facing. 

While hiring an attorney to help with your case is a smart move, it’s also helpful to understand the different theft charges you may face in Denver. 

What Is Theft?

In the state of Colorado, theft is defined as taking and keeping something that is not yours when you do not receive permission from the item’s owner. 

However, theft often extends beyond this rather simple definition. In some situations, theft may also include individuals who did not actively steal something but provided aid to the individual who did. 

For example, if you attempt to sell a stolen item to a pawn show, and the pawnbroker knows the item is stolen but purchase it anyway, they can also be charged with theft. Also, if someone helps to dispose of a stolen item, they may be charged with theft. 

The deciding factor in this is knowing if the goods are stolen. Once you find out, then you are also considered liable if you do anything besides telling the police. 

What Is Considered Theft in Denver?

Denver theft laws include several types of illegal behavior. This includes everything from embezzling money from your employer to shoplifting at a retail establishment. 

All these crimes relate to one another because theft involves taking something of value that belongs to another person without permission and then hiding, keeping, or selling it so the owner cannot recover the item or items. 

Colorado theft laws are written using broad terms. They also involve several types of theft crimes:

  • Shoplifting: Theft from any business of an item. 
  • Larceny: Theft that occurs from a building. 
  • False Pretenses: This is theft that occurs due to deception.
  • Burglary: Theft from a residential property. 
  • Embezzlement: Any theft from your employer. 
  • Robbery: Theft that occurs from an individual. 

Colorado also has several specific laws that cover different illegal behaviors, such as:

  • Sale of something to cover up the theft
  • Stealing trade secrets
  • Illegal resale of lift tickets
  • Hiding goods in a store to steal later
  • Auto theft

Theft: Misdemeanors and Felonies 

If you are charged with any type of theft, you need to understand what the charges actually mean. 

The type of theft and worth of the item or items taken determine if you are charged with a misdemeanor or felony. 

Misdemeanor Theft Charges

Theft is considered a misdemeanor in some situations. These include:

  • Value of stolen goods is $750 or higher, but under $2,000, you are charged with a class 1 misdemeanor.
    • Fine of $500 to $5K and/or up to six months in jail. 
  • Value of stolen goods is $300 or higher, but under $750, you are charged with a class 2 misdemeanor
    • Fine of $250 to $1K and/or up to three months in jail.
  • Value of the stolen goods is $50 or higher, but under $300, you are charged with a class 3 misdemeanor
    • Fine of $50 to $750 (usually no jail time). 

If you steal something worth under $50, you are charged with class 1 petty theft. This charge comes with a fine of up to $500 and/or up to six months in jail

Felony Theft Charges 

Theft may also be charged as a felony. This occurs if the value of the item stolen is more than the limits mentioned above. Felony charges include:

  • Value of $1 million or higher, you are charged with a class 2 felony.
    • Fine of $5K to $1 million and/or eight to 24 years in jail.
  • Value of $100K or more but under $1 million, you are charged with a class 3 felony.
    • Fine of $3K to $750K and/or four to 12 years in jail. 
  • Value of $20K or more, but under $100K, you are charged with a class 4 felony.
    • Fine of $2K to $500K and/or two to six years in jail. 
  • Value of $5K or more, but under $20K, you are charged with a class 5 felony
    • Fine of $1K to $100K and/or one to three years in jail. 
  • Value of $2K or more but less than $5K you are charged with a class 6 felony
    • Fine of $1K to $100K and/or one year to 18 months in jail. 

If you are convicted of any felony theft charge for stealing from a location in four years, it means you receive a mandatory sentence of the minimum term allowed. Also, there will be no chance for a suspended sentence or parole in this situation. 

For situations where you steal from a person, instead of breaking into a business or home, you are charged with a class 5 felony automatically. The charge will be kept in place, no matter the value of the item or items you took. 

What Is the Maximum Possible Sentence for a Theft Charge in Denver? 

If you steal something that is worth $1 million or more, you may receive the maximum sentence for theft. This would be a class 2 felony charge and have a prison sentence of eight to 24 years. You would also be on parole for five years. 

Along with this hefty sentence, you will likely be ordered to pay a significant fine. It is at the court’s discretion to decide what to charge you with. 

Hire a Denver Criminal Defense Attorney for Help

If you have been charged with any type of theft crime in Denver, contact our team at the Law Offices of Steven J. Pisani. You can call us at (303) 529-2242 to set up a free initial consultation to discuss your case.

Mother Arrested For Taking Teenage Daughter’s IPhone 6 Away

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23 July, 2020

A mother in Michigan was recently arrested for taking her daughter’s cell phone as a form of punishment.

The entire ordeal was one large miscommunication stemming from the mother’s ex-husband calling the police to tell them she had stolen an iPhone 6 from their daughter.

The father claimed to own the phone, but in actuality, it had been a Christmas gift from the man to the daughter. The mother, Ms. Jodie May, was picked up by police and taken to a holding cell. She was released on a $200 bond shortly after.

Ms. May was charged with misdemeanor larceny and larceny by conversion but maintained that she was just being “a concerned parent” and disciplining her daughter. Upon reviewing the case and speaking with Ms. May’s daughter, the prosecuting attorney dismissed the charges.

However, one is still left wondering how such a ridiculous case could have possibly gone as far as it did.

If you have a case that needs review and assistance, contact The Law Offices of Steven J Pisani, we specialize in DUI, traffic, and criminal defense. Call our Denver office today for a free consultation at 303-635-6768.

Newsweek, James Hetherington, September 21st, 2018

Link: https://www.newsweek.com/mother-arrested-taking-teenage-daughters-phone-away-punishment-1132426

The Juice To Be Let Loose? O.J. Simpson Faces Parole Hearing This Week In Nevada

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23 July, 2020

OJ Simpson is reportedly up for parole after nine years in prison for his role in a Las Vegas armed robbery. Simpson, who is 70 years old, could be out as soon as October 1, 2017 if the Nevada Board of Parole Commissioners deems him ready. According to close friend Tom Scotto, Simpson’s plan if granted parole is to either move back to Florida and live with Scotto, or to move to Sacramento and live with his sister, Shirley Baker.

Scotto claims that Simpson is “very positive” about his parole chances, and that the former NFL running back still has money despite the $2-3 million in legal fees he faced from the 2008 case.

OJ has also reportedly lost around 70 pounds since his first parole hearing in 2013, and has had no behavioral issues or writeups while incarcerated in the Las Vegas prison. He has also spent his time watching NFL games and coaching softball, and even started a Baptist church within the prison.

Hopefully Simpson’s good behavior continues outside of prison if he is granted parole, as his history with the law is not one to be proud of. If he sticks to playing golf and keeping his head low, maybe he can live out the rest of his life in peace.

That is not to say that Parole is easy. Mr. Simpson would still potentially be monitored, have regular check-ins and could go back to prison if he violates the terms of the parole.

The Law Offices of Steven J Pisani specialize in DUI, traffic, and criminal defense. Call our Denver office today for a free consultation at 303-635-6768.

USA Today Sports, Josh Peter, 7/17/2017

Link: https://www.usatoday.com/story/sports/2017/07/17/oj-simpson-faces-parole-hearing-thursday-nevada/483653001/

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