Theft, burglary, and robbery are some of the most commonly commi1tted crimes in Colorado. According to statistics, 23,000 incidents of theft and over 1,000 robbery cases were reported in the city and county of Denver alone.
So, if you found yourself in this situation, you better call your criminal defense attorney to come up with a strategy plan to win the case. On the other hand, if you had been arrested by the authorities, searching for contact numbers of “bail bonds near my location” will help you speed up your temporary release through bail.
The Colorado law defines theft as an act of “knowingly obtains or exercises control over” anything of value owned by another individual without permission, and:
- Shows intent to deprive the property’s owner permanently
- Knowingly conceals, abandons, or uses the property, or
- Demands the owner make a payment he is not owed in exchange for returning the property
It is a form of theft that includes force or threats of force to steal anything of value. There should be two elements included in the crime before theft can be considered as robbery:
- The victim must be present at the time of the actual crime, and
- The defendant must use intimidation or some form of force
It involves unlawfully remaining or knowingly entering on someone’s property with the intention to commit a crime other than trespassing. The gravity of the burglary offense is based on:
- The degree of burglary,
- The committed crime or crime intended to commit, and
- Whether you used or threatened to use a deadly weapon or threatened or menaced anyone.
What Are Their Differences?
There are thin lines between the three offenses, but most are bailable and can be handled by a bail bond company near me.
- The gravity of the penalty. Theft can be sentenced to either a petty offense, misdemeanor, or felony depending on the value of the property or goods involved. While robbery and burglary are always felonies.
- The presence of the victim. Theft is stealing someone’s property without the presence of the victim or owner. On the other hand, the victim is always present at the time of the robbery and burglary act.
- The presence of a threat or a force. There should be a threat or force towards the victim for it to be considered robbery or threat. Oftentimes, the offender uses weapons and tools like guns and lock picks to perform the criminal act. While a theft offender can carry out his plan without using any force towards someone.
Penalties and Punishments
Theft is penalized based on the value of the stolen property or goods. But these offenses are mostly bailable with the help of a bail bond company near you.
- Under $500: three to twelve months in prison and a $250-$1,000 fine under class 2 misdemeanor.
- $500-$1,000: six to eighteen months in prison and a $50-$5,000 fine under class 1 misdemeanor.
- $1,000-$20,000: two to six years in prison with a minimum of three years parole, and a fine of $2,000 to $500,000 under class 4 felony.
- $20,000 and above: four to twelve years in prison within a minimum of five years parole and a fine of $3,000 to $750,000 under class 3 felony.
Robbery revolves around the force or threat of force used towards the victim. Therefore, its penalties are also based on this factor.
- Non-aggravated robbery: two to six years in prison and a fine of $2,000 to $500,000 under class 4 felony.
- Aggravated robbery: four to twelve years in prison and a fine of $3,000 to $750,000 under class 3 felony.
- Aggravated robbery of a controlled substance: 8 to 24 years in prison and a fine of $5,000 to $1,000,000 under class 2 felony.
Under Colorado law, burglary is always a felony, and its penalties depend on these three categories:
- Third-degree: one to three years in prison with 2 years mandatory parole, and a fine of $1,000 to $100,000 under class 5 felony. However, the offense may become a class 4 felony if it involves a controlled substance.
- Second-degree: two to six years in prison with 3 years mandatory parole and a fine of $2,000 to $500,000 under class 4 felony. However, the offense may become a class 3 felony if it involves a controlled substance.
- First-degree: four to twelve years in prison with 5 years mandatory parole, and a fine of $3,000 to $750,000 under class 3 felony. However, the offense may become a class 2 felony if it involves a controlled substance. Class 2 felony is punishable by 8 to 24 years in prison with 5 years mandatory parole and a fine of $5,000 to $1,000,000.
There are several possible defenses for theft, robbery, and burglary charges, such as follows:
- The defendant is claiming its rightful ownership of the involved property.
- The defendant was intoxicated during the act of crime and mistakenly took an item he thought belonged to him.
- The defendant can return the stolen property to the owner. Although it can’t be used as a defense inside the court, it may reduce penalties in the case.
- The defendant was induced by someone to commit the act.
- The other person gave him the stolen property.
- The involved property was worth less than the prosecution claims.
- The defendant is not armed at the time of the event.
- The defendant didn’t use force or threat to use force on anybody.
- The defendant is on the property legally.
- The defendant does not have the intention to commit a crime.
- The defendant was not at the property to steal drugs.
Theft, robbery, and burglary entail more than criminal penalties for the defendant. You may lose your job, spend time in jail, and be convicted. Calling for the professional help from an experienced criminal defense attorney and bail bond company is your best line of defense to win the case. Call a trusted bail bond company like Lucky Lucero’s bail bonds near my location at 303-659-2245.