What are the penalties under 18-4-409 CRS?

First-degree aggravated motor vehicle theft in Colorado is a felony. Assuming you have fewer than two prior convictions, the maximum punishment is based on the value of the vehicle as follows: -Less than $20,000: Class 5 felony - up to 3 years in prison and a fine of up to $ 100,000. -$20,000-$99,999.99: Class 4 felony - up to 6 years in prison and a fine of up to $500,000. -$100,000 or more: Class 3 felony - up to 12 years in prison and a fine of up to $750,000.Second-degree motor vehicle theft is also a felony unless the vehicle is worth less than $1,000 -- in which case it is a misdemeanor. The maximum penalty for second-degree vehicle theft based on the value of the vehicle is: -Less than $1,000: Class 1 misdemeanor - up to 18 months in jail and a fine of $5,000. -$1,000 or more but less than $20,000: Class 6 felony - up to 1 ½ years in prison and a fine of up to $100,000. -$20,000 or more: Class 5 felony - up to 3 years in prison and a fine of up to $100,000.Additionally, your Colorado driver's license will be revoked if you are found guilty of, or plead no contest to, aggravated motor vehicle theft in any degree.

CRS 18-4-409 - Aggravated motor vehicle (auto) theft in Colorado

Q: How does Colorado law define aggravated motor vehicle theft?

Aggravated auto theft in Colorado occurs when a person knowingly steals another person or company's vehicle. It does not matter whether the alleged thief uses threats or deception to obtain it or whether he or she simply takes it without permission.First degree aggravated auto theft has two elements that must be met: 1) The defendant knowingly obtains or exercises control over another's motor vehicle without authorization or by threat or deception; and 2) The defendant either: -Retains possession or control of the vehicle for more than 24 hours; or -Attempts to or do alter or disguise the appearance of the motor vehicle; or -Attempts to or do remove or alter the vehicle identification number (VIN); or -Uses the motor vehicle in the commission of a crime other than a traffic offense; or -Causes $500 or more property damage to the vehicle or other property; or -Causes bodily injury to another person while you are in control of the vehicle; or -Removes the vehicle from the state of Colorado for more than 12 hours; or -Unlawfully attaches or display license plates other than those officially issued for the vehicleSecond degree aggravated auto theft is knowingly obtaining or exercising control over another's motor vehicle without authorization or by threat or deception. And none of the factors above apply.

Q: What are common defenses to auto theft?

Ten defenses that may get Colorado aggravated auto theft charges lessened or dropped include: 1. The vehicle belonged to the defendant; 2. Someone else took the vehicle; 3. The defendant had permission to drive the vehicle (shown by testimony, emails, etc.); 4. The defendant did not know he/she lacked the owner's permission to borrow the car; 5. The defendant did not keep the car for more than 24 hours (defense to first degree charges); 6. The defendant did not alter the vehicle in any way; 7. The damage costs less than $500 to repair (partial defense); 8. The car owner falsely accused the defendant; 9. The police entrapped the defendant, who was not predisposed to car theft. The defendant never would have stolen the car but for the police's pressure; or 10. The police discovered the car through an illegal search and seizure.Should a 18-4-409 CRS case go to trial, the prosecution must prove each and every element of the charge beyond a reasonable doubt. This can be difficult to do if there are no video or eyewitness accounts. If the defense attorney can show prosecutors their case is too weak to sustain a conviction, they may be willing to negotiate a charge reduction or dismissal.

Q: Can the criminal record be sealed?

Yes, unless the conviction was for a class 3 felony (first-degree aggravated car theft of $100,000 or higher). Otherwise, a CRS 18-4-409 conviction is sealable three years after the case ends. Note that any cases that get dismissed (meaning there is no conviction) can be sealed right away.

Updated January 5, 2021

Auto Theft in Colorado – What are the punishments?

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In CRS 18-4-409, Colorado law defines aggravated motor vehicle (auto) theft as when someone “knowingly obtains or exercises control over the motor vehicle of another without authorization or by threat or deception.” The punishment can range from 6 months in jail to 12 years in state prison.

There are two degrees of aggravated auto theft. First-degree is more serious. Second-degree is less serious.

First-degree aggravated auto theft occurs if the defendant both steals the car and either:

Keeps the vehicle for more than a day or takes it out of Colorado for more than a half a day;
Use the vehicle to commit a crime, injures someone with it, or causes more than $500 worth of damage with it; or
Attempts to alter or disguise the vehicle, VIN, or license plates

Penalties

Defendants convicted of violating CRS 18-4-409 will lose their Colorado’s driver’s license for at least one year.

First-degree aggravated automobile theft is always a felony. Depending on the value of the vehicle and defendant’s criminal history, penalties include:

1 – 12 years in Colorado State Prison, and/or
$1,000 – $750,000 in fines

Second-degree aggravated automobile theft is almost always a felony. Depending on the value of the vehicle, penalties include:

1 – 3 years in prison, and/or
$1,000 – $100,000 in fines

Second-degree aggravated automobile theft is a misdemeanor only when:

The vehicle is worth less than $1,000, and
The defendant has no more than one prior auto-theft conviction

The misdemeanor penalties are:

6 – 18 months in jail, and/or
$500 – $5,000in fines

Defenses

There are many potential defenses to aggravated motor vehicle theft criminal charges. Three examples include:

The defendant owned the car;
The defendant believed he/she had permission to take the car; or
The police committed misconduct

Below our Denver Colorado criminal defense lawyers discuss:

Man breaking into car, an example of aggravated motor vehicle theft per 18-4-409 CRS

Auto vehicle theft is usually a felony in Colorado under CRS 18-4-409.

1. How does Colorado law define aggravated motor vehicle theft?

Aggravated auto theft in Colorado occurs when a person knowingly steals another person’s or company’s vehicle. It does not matter whether the alleged thief uses threats or deception to obtain it or whether he or she simply takes it without permission.¹

As discussed below, aggravated theft of a motor vehicle can be first- or second-degree depending on the severity of the case. In some states, the crime of aggravated motor vehicle theft is known as grand theft auto. But in Colorado, it is always referred to as aggravated motor vehicle theft.

Additionally, if a car is stolen in one jurisdiction but recovered in another, the defendant may be prosecuted in:

The jurisdiction where the theft occurred;
Any jurisdiction through which the automobile was operated or transported; or
The jurisdiction in which the automobile was recovered

1.1. First-degree aggravated motor vehicle theft

First-degree aggravated auto theft has two elements that must be met.

The defendant knowingly obtains or exercises control over another’s motor vehicle without authorization or by threat or deception; AND
The defendant either:

Retains possession or control of the vehicle for more than 24 hours; or

Attempts to or does alter or disguise the appearance of the motor vehicle; or

Attempts to or does remove or alter the vehicle identification number (VIN); or

Uses the motor vehicle in the commission of a crime other than a traffic offense; or

Causes $500 or more worth of property damage to the vehicle or other property; or

Causes bodily injury to another person while he or she is in control of the vehicle; or

Removes the vehicle from the state of Colorado for more than 12 hours; or

Unlawfully attaches or displays license plates other than those officially issued for the vehicle

Examples of first-degree aggravated motor vehicle theft include:

Stealing a car and selling it or its parts to a chop shop;
Borrowing a car without permission for more than 24 hours;
Borrowing a car without permission for a joyride and getting into a wreck;
Driving one’s parents’ car without permission and seriously injuring a pedestrian;
Stealing a car and using it as a getaway car after a crime;
Putting another car’s license plates on the vehicle, or
Committing a carjacking and taking the vehicle to another state or country to sell it

1.2. Second-degree aggravated motor vehicle theft

Second-degree aggravated auto theft is knowingly obtaining or exercising control over another’s motor vehicle without authorization or by threat or deception. And none of the factors in the above subsection apply.²

Examples of second-degree aggravated motor vehicle theft include:

Being a valet or parking attendant and driving the car around town without permission;
Borrowing someone else’s car without permission for a joyride and returning it the next day;
Using one’s parents’ car without permission to go on a date; or
Temporarily refusing to give back a car that has been temporarily entrusted to his or her care

2. What are the penalties under CRS 18-4-409?

The punishments for aggravated motor vehicle theft depend on the value of the stolen vehicle and the defendant’s past criminal record (if any).

Aggravated Vehicle Theft (CRS 18-4-409)

Colorado penalties*

First-degree³

Less than $20,000

Class 5 felony:

1 – 3 years in prison (with 2 years of mandatory parole), and/or
$1,000 – $100,000

$20,000 to less than $100,000

Class 4 felony

2 – 6 years in prison (with 3 years of mandatory parole), and/or
$2,000 – $500,000

$100,000 or higher

Class 3 felony:

4 – 12 years in prison (with 5 years of mandatory parole), and/or
$3,000 – $750,000

Third auto theft conviction (any value)

Class 3 felony

4 – 12 years in prison (with 5 years of mandatory parole), and/or
$3,000 – $750,000

Second-degree

$20,000 or higher

Class 5 felony:

1 – 3 years in prison (with 2 years of mandatory parole), and/or
$1,000 – $100,000

$1,000 to less than $20,000

Class 6 felony:

1 – 1 ½ years in prison (with 1 year of mandatory parole), and/or
$1,000 – $100,000

Less than $1,000

Class 1 misdemeanor:

6 – 18 months in jail, and/or
$500 – $5,000

*Any aggravated auto theft conviction results in automatic revocation of the defendant’s driver’s license for at least one year. Juveniles adjudged delinquent of auto theft also lose their license.⁴

Hooded thief engaging in auto theft in violation of Colorado CRS 18-4-409

Aggravated car theft convictions can be sealed from the defendant’s record unless it was for a class 3 felony.

3. What are common defenses to auto theft?

Seven defenses that may get Colorado aggravated auto theft charges completely dropped include:

The vehicle belonged to the defendant;
Someone else took the vehicle;
The defendant had permission to drive the vehicle (shown by testimony, emails, etc.);
The defendant did not know he/she lacked the owner’s permission to borrow the car;
The car owner falsely accused the defendant;
The police entrapped the defendant, who was not predisposed to car theft. The defendant never would have stolen the car but for the police’s pressure; or
The police discovered the car through an illegal search and seizure

Five defenses that may get a first-degree auto theft charge lessened to a second-degree charge are:

The defendant did not keep the vehicle for more than 24 hours and did not take it out of state for more than 12 hours;
The defendant did not injure anyone with the vehicle;
The defendant did not alter the vehicle in any way;
The defendant did not use the vehicle to commit a crime; or
Any damage costs less than $500 to repair⁵

4. Can the criminal record be sealed?

Yes, unless the conviction was for a class 3 felony (first-degree aggravated car theft of $100,000 or higher). Otherwise, a CRS 18-4-409 conviction is sealable three years after the case ends. Note that any cases that get dismissed (meaning there is no conviction) can be sealed right away.⁶

Learn how to petition for a Colorado record seal. (Note that record seals are very similar to expungements. Currently, only juvenile cases and underage DUI cases can be expunged.)

5.Related Colorado offenses

5.1. Theft of Motor Vehicle Parts

Like it sounds, theft of motor vehicle parts (CRS 42-5-104) is removing, detaching, or taking any part from an automobile with criminal intent. It can be a misdemeanor or a felony depending on the value of the items stolen.

5.2. Felony Grand Theft

Felony grand theft (CRS 18-4-401(2)) is intentionally taking another person’s property, which is valued at $2,000 or higher. The extent of the fines and prison time depend on the value of the items stolen.

5.3. Theft by Receiving Stolen Property

Receiving stolen property (CRS 18-4-404) is knowingly obtaining control over items that have been stolen. It is punished the same as theft: It can be a petty offense, a misdemeanor, or a felony depending on the value of the stolen items that the defendant received.

Receptionists at criminal defense law firm

Contact our law office for additional legal advice.

Arrested in Colorado? Contact our Denver criminal defense lawyers. Our criminal law firm will fight to get the charges reduced or dismissed. We create attorney-client relationships throughout the state, including Denver, Greeley, Colorado Springs, Aurora, Lakewood, Jefferson County, Boulder, Adams County, Arapahoe County, and more.

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Colorado Legal Defense Group
4047 Tejon Street
Denver, CO 80211

In California? See our article on grand theft auto law (PC 487d1).

In Nevada? See our article on grand larceny of a motor vehicle (NRS 205.228).

Legal references:

CRS 18-4-409; People v. Andrews, 632 P.2d 1012 (1981); People v. Stellabotte, 421 P.3d 1164 (Court of Appeals, 2016); see, e.g., Jessica Snouwaert, Man wanted for stealing cars arrested mid-theft in Monument, police say, Colorado Springs Gazette (April 21, 2020).
CRS 18-4-409.
See, e.g., People v. Marquez, 107 P.3d 993 (Colo. App. 2004).
CRS 42-2-125.
See also People v. Harper, 205 P.3d 452 (Colo. App. 2008).
Colorado Revised Statutes 24-72.