A motor vehicle theft can be committed in many different ways. Likewise, the penalties for a conviction on a motor vehicle theft crime will vary. The more serious the theft and the higher the value of the vehicle taken, the more likely the penalties will be harsher. When charged with motor vehicle theft, many people want to take the first plea deal offered. This is risky because oftentimes, they could fight the charge or negotiate a better plea deal. Speaking with a motor vehicle theft defense lawyer in Colorado will help you understand theft crimes and their consequences.

At Markus Law, our motor vehicle theft defense attorney handles all types of motor vehicle theft cases. We work to make sure your constitutional rights are upheld and that you get the best defense you deserve. Contact us today at  to schedule a free consultation and to make sure your rights are protected.

Motor Vehicle Theft in Colorado

A motor vehicle theft is a general term used to describe offenses that involve the taking of another person’s vehicle without their consent and with the intention to permanently deprive them of it. Did you know in Colorado, you can be charged with motor vehicle theft even if you didn’t take the vehicle? In Colorado, Motor Vehicle Theft includes knowingly exercising control over the motor vehicle of another without authorization. You can be charged with this even if you did not take the vehicle but were merely driving it. In Colorado, many people get charged when they legally purchased the vehicle but do not have the appropriate documents.

In Colorado, Aggravated Motor Vehicle Theft is defined as:

(2) A person commits aggravated motor vehicle theft in the first degree if he or she knowingly obtains or exercises control over the motor vehicle of another without authorization or by threat or deception and:

(a) Retains possession or control of the motor vehicle for more than twenty-four hours; or

(b) Attempts to alter or disguise or alters or disguises the appearance of the motor vehicle; or

(c) Attempts to alter or remove or alters or removes the vehicle identification number; or

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

(e) Causes five hundred dollars or more property damage, including but not limited to property damage to the motor vehicle involved, in the course of obtaining control over or in the exercise of control of the motor vehicle; or

(f) Causes bodily injury to another person while he or she is in the exercise of control of the motor vehicle; or

(g) Removes the motor vehicle from this state for a period of time in excess of twelve hours; or

(h) Unlawfully attaches or otherwise displays in or upon the motor vehicle license plates other than those officially issued for the motor vehicle.

Colo. Rev. Stat. § 18-4-409

Consequences of a Motor Vehicle Theft Conviction in Colorado

The sentences for motor vehicle theft convictions vary depending on the jurisdiction, the circumstances of the case, and the seriousness of the offense.

Possible penalties include:

  • Fines
  • Restitution to compensate for the loss of property
  • Probation
  • Community service
  • Parole
  • Imprisonment
  • Education classes
  • Potential DMV Consequences

A conviction for a motor vehicle theft offense can also have long-lasting impacts on an offender’s life beyond their sentence, especially in terms of finding employment. For example, a potential employer who runs a background check may view someone with a motor vehicle theft conviction as dishonest and be reluctant to hire them. 

Common Defenses to Colorado Motor Vehicle Theft Charges

In all criminal cases, it is the prosecutor’s responsibility to prove beyond a reasonable doubt that you are guilty of the crime. This standard of proof is a high bar. A good criminal defense lawyer will work hard to prove innocence or create doubt. Sometimes, this can be achieved by the use of specific defenses.

The potential defenses available to a defendant facing a motor vehicle theft charge depend on the specific circumstances of their case. Some common defenses include the belief in ownership, return of property, entrapment, intoxication, and coercion. 

The Belief in Ownership or Claim of Right

Where a defendant believes in good faith (or honestly believes) that the vehiclethey took was theirs or they had a valid claim to it, they may be able to defend against a motor vehicle theft charge. When this defense is raised, the defendant usually needs to provide some evidence to support it. 

Return of Property

If a defendant intended to return the vehicle when they initially took it, they might also be able to defend against the charge. It is not a defense, however, if you return the property later to avoid a motor vehicle theft charge or conviction. That said, if convicted, returning the property may be a factor the court takes into account when determining a sentence. 

Entrapment

Law enforcement authorities can run a sting operation to try and catch suspected criminals. However, they cannot induce a defendant to commit an offense they otherwise would not have committed. If a defendant takes any vehicle due to being induced by law enforcement, they may be able to argue the defense of entrapment. 

Intoxication 

To prove a motor vehicle theft offense, the prosecution must establish that the defendant intended to permanently deprive the owner of the property. If the defendant was intoxicated when they took the property, they may be able to argue they were incapable of forming the required intent. 

Duress

A defendant may be able to challenge a theft charge if another person forced them to take the property. For example, a person may use threats or blackmail to coerce you to take the property of another person. To argue duress, a defendant must show they committed the act as a result of an immediate and inescapable threat of bodily harm or death.

Three Critical Reasons to Hire a Criminal Defense Lawyer in Larimer County

You can successfully defend against theft crimes. But you cannot do it on your own. The laws are complex, the stakes are high, and you need someone with the expertise to develop a viable defense strategy.

With that said, here a three good reasons why you should hire our criminal defense lawyer.

  1. We provide the insight you cannot find online. We know everyone is googling answers for everything, and that includes criminal charges and defenses. Though you can find information on it, you cannot find information on how to best apply a defense in your unique case. There are critical nuances that can impact your case. We provide a real-life application to get results.
  2. We leverage the power of the prosecutor. The prosecutor determines whether a charge will be filed, whether a plea deal will be offered, and what will be in a plea deal. In cases where appropriate, we use the power of the prosecutor to negotiate better terms on your behalf. We can try to negotiate a deal that means reduced charges or lesser sentences, and this is especially important in theft crimes because the range of potential charges and punishment is wide.
  3. We are more than your criminal defense lawyer. As your lawyer, we will help you understand what’s at stake, deal with all the deadlines and negotiations, and help you cope with your feelings throughout it all. You may feel fear, embarrassment, and anxiety. We know–we have seen it time and time again. But through our support and representation, we can alleviate some of the emotional issues may experience.

If you have been accused of committing a motor vehicle theft crime, you should speak to a theft defense attorney at Markus Law immediately. 

Contact a Motor Vehicle Theft Defense Attorney in Larimer County Today

Our criminal defense lawyer in Larimer County will review your case and explain your options, including any legal defenses available to you. We can also help you prepare a strong defense and ensure your rights are protected throughout the legal process. Call or submit an online form today, and we will schedule a free consultation to discuss your case.