Car theft is a widespread problem in cities across the country. In an effort to address motor vehicle theft, Colorado passed Senate Bill 2023-097 which changed how motor vehicle theft crimes are classified. Under the revised statutes, two new charges have been added: Motor vehicle theft in the third degree and Unauthorized use of a motor vehicle. Moreover, these changes no longer address the value of the vehicle, as Colorado seeks to implement a more equitable classification system. Despite these amended statutes, the penalties for motor vehicle theft convictions continue to be serious. If you or someone you love is facing motor vehicle theft charges, it’s essential that you enlist the guidance of a highly qualified and experienced Colorado Springs criminal defense attorney who can enforce your legal rights and identify the most strategic path forward. Whether you are facing felony or misdemeanor charges, you can trust that your dedicated motor vehicle theft defense lawyer will work hard to keep your future as bright as possible, given the specific details of your case. This post will explore how Colorado’s recent changes in motor vehicle theft laws may affect your case and why enlisting the assistance of a highly experienced criminal defense lawyer is critical to maximizing your chances of obtaining a fair outcome.
Changes to Colorado’s Theft of Motor Vehicle Criminal Code
First, it’s helpful to understand what prompted Colorado to revise its motor vehicle theft laws. According to the Colorado State Patrol, “For far too many years, auto theft was perceived as a victimless crime when the perceived value of a vehicle was low. In reality, it had a tremendous impact on the livelihoods of the vehicle owners and other community members when these vehicles were used to commit additional crimes. This law acknowledges every victim and will deter repeat offenders.” In other words, Colorado sought to remove elements of the criminal statute that linked the severity of the charges with the value of the vehicle. As a result, the theft of any motor vehicle, regardless of its value, is considered a serious offense because the loss of a vehicle impacts the owner’s livelihood in some way—even if the vehicle is not considered valuable. Under this newly revised law, the value of the vehicle no longer plays a role in determining the nature or severity of the criminal charges.
Types of Motor Vehicle Theft Charges in Colorado
Essentially, motor vehicle theft occurs when a person deprives a vehicle’s rightful owner of the use or possession of the vehicle. Section 18-4-409 of Colorado’s Revised Statutes states that someone commits motor vehicle theft when “the person knowingly obtains, exercises control over, receives, or retains the motor vehicle of another person; and the person knows or reasonably should have known that the act was without authorization or was by threat or deception.” Simply put, motor vehicle theft happens when someone takes or assumes possession of a motor vehicle that they know rightfully belongs to someone else. Colorado recognizes three degrees of motor vehicle theft, which are outlined and defined below.
First-Degree Motor Vehicle Theft
Formerly called aggravated motor vehicle theft, motor vehicle theft in the first degree is considered a class 3 felony offense. This charge applies to defendants who have at least two previous convictions for auto theft or unauthorized use of a motor vehicle offense (either in Colorado or elsewhere). If convicted of first-degree motor vehicle theft, you could face a prison sentence lasting between 4 to 12 years, between $3,000 and $750,000 in fines, and many other restrictions to your freedom. Due to the severity of these penalties, it’s best to work with a seasoned Colorado Springs criminal defense lawyer who can advocate for your best interests at every opportunity.
Motor Vehicle Theft in the Second Degree
If you do not have any prior convictions for auto theft or unauthorized use of a motor vehicle, you could face a second-degree motor vehicle theft for knowingly stealing or possessing a stolen vehicle without authorization. Prosecutors must provide evidence of any of the following factors in order to secure a conviction: You possessed the vehicle for more than 24 hours; you tried to alter or disguise the vehicle’s appearance; you removed the vehicle identification number; you took the vehicle out of state; you replaced the license plates with other ones; you cause property damage or bodily to another person while in possession of the stolen vehicle; you attempt to use the vehicle to commit another crime; or the motor vehicle has a placard indicating that it belongs to someone with a disability. Motor vehicle theft in the second degree is considered a class 4 felony, punishable by 2 to 6 years in prison and between $2,000 and $500,000 in fines. Your dedicated and experienced criminal defense lawyer will work with you to prepare a strong and effective legal defense strategy that aims to keep your future as bright as possible.
Motor Vehicle Theft in the Third Degree
If this is a defendant’s first or second offense and there are no aggravating factors involved in the incident, prosecutors may seek a conviction for motor vehicle theft in the third degree. This crime is considered a class 5 felony, which is punishable by 1 to 3 years in prison and a $1,000 to $100,000 fine. Moreover, it’s important to recognize that a conviction for any motor vehicle theft offense triggers a one-year driver’s license revocation.
Unauthorized Use of a Motor Vehicle Charges
This newly created charge applies to situations “where a vehicle is not used in the commission of any crime barring traffic offenses, is returned to the owner within 24 hours, and is not damaged in the process of this unauthorized use.” Unauthorized use of a motor vehicle is considered a class 1 misdemeanor offense. However, if second or subsequent offenses occur, the severity of the charge may escalate to felony-level charges. Since the punishment for motor vehicle theft can be significant, enlist legal representation as soon as possible to increase your chances of obtaining a fair outcome.
Get Started With a Motor Vehicle Theft Defense Lawyer Today
Colorado takes motor vehicle theft and attempted motor vehicle theft crimes seriously. However, as overwhelmed or intimidated as you may feel in the face of such charges, it’s important to recognize that you do not have to navigate this challenging time alone. When you enlist the help of a highly experienced and caring Colorado Springs criminal defense lawyer, you can trust that your best interests will be protected at every turn. Your attorney can help you explore some defense strategies to auto theft charges, such as showing that the vehicle belonged to you, someone else took the vehicle, or the car owner falsely accused you of taking their vehicle (among other strategies). Now’s the time to advocate for your legal rights—get started with a dedicated criminal defense attorney today.
If you are facing motor vehicle theft charges in the greater Colorado Springs area, the highly qualified and experienced legal professionals at The Law Offices of Clifton Black, P.C., are ready to defend your legal rights at every turn. Call our office today at (719) 328-1616 to discuss your case with a knowledgeable and trusted criminal defense attorney.
