Getting arrested for DUI does not mean you will be convicted. Police misconduct, defective breathalyzers and crime lab mistakes may be enough to get your charges lessened or dismissed. Visit our page on Colorado DUI Laws to learn more.
Colorado larceny laws make it a crime to knowingly receive stolen property even if the recipient did not help steal the items. Receipt of stolen property worth less than $50 is petty theft, punishable by up to $500 and/or 6 months in jail. Receiving $50 to less than $2,000 worth of stolen property is misdemeanor theft, carrying $50 to $5,000 and/or up to 18 months in jail. And taking control of stolen goods worth $2,000 or more is felony theft/grand theft, with penalties of $1,000 to $1,000,000 and/or 1 to 24 years in prison.
CRS 18-4-404 states:
Every person who obtains control over any stolen thing of value, knowing the thing of value to have been stolen by another, may be tried, convicted, and punished whether or not the principal is charged, tried, or convicted.
In this article, our Colorado criminal defense attorneys discuss:
Receipt of stolen property is when a person takes possession of items he/she knows have been stolen.1
Example: Henry tells his brother that he just stole an iPhone from a lady’s purse, and he asks the brother to hold onto it for him. If the brother agrees, he would be committing receipt of stolen property since he knows that the phone had been stolen.
People who receive property with no knowledge that it had been stolen are innocent.2 Though they may be required to forfeit the property to the police.
The Colorado punishment for knowingly receiving stolen items turns on the aggregate value of the property.
|Value of the items stolen
||Sentence for Receipt of Stolen Property in Colorado
|Less than $50|| class 1 petty offense
|$50 to less than $300||class 3 misdemeanor
|$300 to less than $750||class 2 misdemeanor
|$750 to less than $2,000||class 1 misdemeanor
|$2,000 to less than $5,000||class 6 felony
|$5,000 to less than $20,000||class 5 felony
|$20,000 to less than $100,000||class 4 felony
|$100,000 to less than $1,000,000||class 3 felony
|$1,000,000 or more||class 2 felony
Note that people can be convicted for receiving stolen property even if the person who physically stole them is never caught or convicted.4
Also note that the property owner may sue the defendant to recover three times the owner’s damages (or $200, whichever is greater). Plus the defendant may have to pay the cost of the lawsuit and reasonable attorney fees.5
The best defense to a Colorado theft by receiving charge will depend on the specific facts of the case. Seven common legal defense strategies are to argue that either:
As long as the district attorney cannot prove guilt beyond a reasonable doubt, the theft charge should be dropped.
If the charge for receiving stolen property gets dismissed, then there is no wait under Colorado criminal law to petition the court for a record seal. Otherwise, the wait time depends on the crime category the defendant was convicted of. And convictions of class 2 or 3 felonies remain on the defendant’s record forever.
|CRS 18-4-404 conviction||Waiting time for Colorado record seal|
|Petty offenses (less than $50)||1 year after the case ends|
|Class 3 misdemeanors or class 2 misdemeanors ($50 to less than $750)||2 years after the case ends|
|Class 1 misdemeanors, class 6 felonies, class 5 felonies, or class 4 felonies ($750 to less than $100,000)||3 years after the case ends|
|Class 3 felonies or class 2 felonies ($100,000 and higher)||Never|
If you or someone you know is facing criminal charges for a Colorado theft crime, we invite you to contact our criminal defense lawyers to discuss creating an attorney-client relationship.
Simply fill out the confidential form on this page and one of our caring Colorado defense lawyers will get back to you promptly to discuss your case and start planning the best defense strategies. We create appear in district courts throughout the state of Colorado, including Denver, Arapahoe, Boulder, Colorado Springs, and more.
See our related Colorado law articles on shoplifting (CRS 18-4-406), embezzlement, aggravated motor vehicle theft (CRS 18-4-409), identity theft (CRS 18-5-902), and theft of trade secrets (CRS 18-4-408). Disclaimer: Results cannot be guaranteed.
What is the crime of "parental kidnapping" in Colorado?Watch this video on YouTube Parental kidnapping, or custodial interference, is the crime of knowingly taking a child away from the person who has lawful custody. In most cases, it is a Class 5 felony in Colorado. The line between parental kidnapping and a minor custody violation, ...
There are three statutes for felony DUI in Colorado depending on the case: Fourth-time DUI – 42-4-1301 C.R.S. DUI with serious injury – 18-3-205 C.R.S. DUI causing death – 18-3-106 C.R.S. 1. What is a DUI-fourth? DUI defendants are prosecuted for a DUI-fourth if they have at least three prior DUI-related convictions. It makes no ...
It depends on whether the background check is taken during the deferred sentencing period or after the case is over in Colorado, and whether the defendant successfully completed the deferred sentencing period. Deferred judgment status in Colorado What a background check would probably show Ongoing (the defendant is currently in the probationary period) Arrest, Charge, ...
In the majority of circumstances under CRS 16-19-103, a defendant who faces extradition in Colorado to another state (the “demanding state”) can be released on bail pending the final determination and processing of the demanding state’s request. However, judges will not grant bail in Colorado in the following four circumstances: the penalty for the crime ...