Facing aggravated theft charges can be a daunting experience, especially when the legal process feels overwhelming. In Colorado, theft is a criminal offense that can carry serious consequences, but when the theft involves certain factors that make it more severe, it becomes aggravated theft. Understanding what aggravated theft charges are and how they are handled can help you navigate the legal landscape with more clarity. If you find yourself facing these charges, it’s important to know what to expect during your case.
Understanding Aggravated Theft in Colorado
Theft in Colorado typically involves taking someone else’s property without permission and with the intent to permanently deprive them of it. However, aggravated theft takes things a step further. In this case, the offense includes specific aggravating factors that increase the severity of the crime. Aggravated theft can involve a number of situations, such as the use of a weapon, theft of property of significant value, or theft from vulnerable individuals like the elderly. These factors elevate the crime from simple theft to aggravated theft, and they carry much harsher penalties.
Types of Aggravated Theft Charges
There are several different types of aggravated theft in Colorado, and each one can lead to serious consequences. These crimes typically involve large amounts of stolen property or certain types of property that make the theft more serious. Some common forms of aggravated theft include:
Theft of property valued at more than $1,000. When the stolen property exceeds this value, the charges are upgraded to aggravated theft, which can involve more significant penalties.
Theft involving a weapon. If a weapon is used during the theft, even if it’s not discharged or used to harm anyone, the charges can become aggravated. A weapon enhances the potential for violence and raises the stakes in the eyes of the law.
Theft from a vulnerable person. When the person being stolen from is particularly vulnerable—such as an elderly individual, a disabled person, or someone who is otherwise unable to protect themselves—the theft becomes more severe in the eyes of the law.
Theft involving a pattern of criminal activity. If the theft is part of an ongoing criminal enterprise or pattern of theft, it can lead to aggravated charges. This situation occurs when someone commits theft repeatedly over time, which shows a clear pattern of behavior.
How Are Aggravated Theft Charges Handled in Colorado?
Once someone is charged with aggravated theft, the legal process becomes more complicated due to the severity of the crime. In Colorado, theft cases are generally handled through the criminal justice system, which involves law enforcement, the courts, and defense attorneys. Here’s a breakdown of how these charges are typically handled:
Arrest and Booking Process
When someone is arrested for aggravated theft, they will first be taken into custody by law enforcement. During the booking process, the individual will be photographed, fingerprinted, and charged with the offense. Depending on the circumstances of the case, they may be held in jail until their court appearance or released on bail. If they are granted bail, it’s important to make arrangements to ensure they can attend their court hearings.
Pre-Trial Phase
After the initial arrest, the pre-trial phase begins. This phase involves gathering evidence, reviewing the charges, and determining whether the prosecution has enough evidence to proceed with the case. The defense team will also have an opportunity to review the evidence and formulate a strategy for defending against the charges. In many cases, there will be discussions between the defense and the prosecution to see if a plea deal can be reached. A plea deal might involve the defendant pleading guilty to a lesser charge in exchange for a reduced sentence.
Trial Phase
If a plea deal is not reached and the case moves to trial, the prosecution and the defense will each present their arguments in front of a judge and potentially a jury. The prosecution’s role is to prove beyond a reasonable doubt that the defendant committed the theft with aggravating factors. On the other hand, the defense will try to cast doubt on the evidence presented by the prosecution and challenge the severity of the charges. A conviction for aggravated theft will depend on the ability of both sides to make their case effectively.
Penalties for Aggravated Theft in Colorado
The penalties for aggravated theft in Colorado depend on the value of the stolen property and the specific aggravating factors involved. In general, theft involving stolen property valued at more than $1,000 can result in felony charges, which carry more severe consequences than misdemeanor charges. If the property value is particularly high or if additional aggravating factors are present, such as a weapon or vulnerable victim, the penalties can become even harsher.
Convictions for aggravated theft can result in a range of penalties, including prison time, hefty fines, and restitution to the victim. A felony conviction for aggravated theft can carry a sentence of several years in prison, depending on the specifics of the case. In addition to prison time, the defendant may also be required to pay fines and restitution to the victim to compensate them for their loss.
Defenses Against Aggravated Theft Charges
If you are facing aggravated theft charges, you may have several potential defenses available to you. These defenses aim to challenge the prosecution’s case or to mitigate the severity of the charges. Some common defenses against aggravated theft charges include:
Lack of intent. In order to be convicted of aggravated theft, the prosecution must prove that the defendant had the intent to steal the property with the intention of depriving the owner of it permanently. If there is evidence that the defendant did not have this intent, it can undermine the charges.
Mistaken identity. If the defendant can prove that they were not the person who committed the theft, it may be possible to get the charges dropped or reduced.
Consent. In some cases, the property owner may have given permission for the defendant to take the property. If this is the case, it could provide a solid defense against the charges.
Lack of evidence. If the prosecution does not have enough evidence to prove the charges beyond a reasonable doubt, the case may be dismissed. It’s essential for the defense to challenge the evidence presented and ensure it’s not flawed or incomplete.
Why Legal Representation is Essential
Navigating a criminal case can be complex and confusing, especially when facing serious charges like aggravated theft. The penalties for a conviction can significantly affect your life, making it crucial to have experienced legal representation on your side. A defense attorney can help you understand your options, challenge the evidence against you, and work to reduce the charges or penalties you face.
If you or someone you know is facing aggravated theft charges in Colorado, it’s important to get in touch with a skilled legal team who can guide you through the process. At Hebets & McCallin P.C., we understand the complexity of theft cases and are here to help you defend your rights. Contact us today to discuss your case and take the first step toward protecting your future.