Theft Of Rental Property (Obtained By Threat Or Deception) in Colorado

Print Friendly

Statute for 18 – 4 – 402 – Theft Of Rental Property (Obtained By Threat Or Deception)

StatuteHere is the charge you are facing:

18-4-402. Theft of rental property

(1) A person commits theft of rental property if he:

(a) Obtains the temporary use of personal property of another, which is available only for hire, by means of threat or deception, or knowing that such use is without the consent of the person providing the personal property; or

(b) Having lawfully obtained possession for temporary use of the personal property of another which is available only for hire, knowingly fails to reveal the whereabouts of or to return said property to the owner thereof or his representative or to the person from whom he has received it within seventy-two hours after the time at which he agreed to return it.

(2) (Deleted by amendment, L. 2007, p. 1691, § 4, effective July 1, 2007.)

(3) Theft of rental property is a class 2 misdemeanor where the value of the property involved is less than five hundred dollars.

(3.5) Theft of rental property is a class 1 misdemeanor where the value of the property involved is five hundred dollars or more but less than one thousand dollars.

(4) Theft of rental property is a class 5 felony where the value of the property involved is one thousand dollars or more but less than twenty thousand dollars.

(5) Theft of rental property is a class 3 felony where the value of the property involved is twenty thousand dollars or more.

(6) When a person commits theft of rental property twice or more within a period of six months, two or more of the thefts of rental property may be aggregated and charged in a single count, in which event the thefts so aggregated and charged shall constitute a single offense, and, if the aggregate value of the property involved is one thousand dollars or more but less than twenty thousand dollars, it is a class 5 felony; however, if the aggregate value of the property involved is twenty thousand dollars or more, it is a class 3 felony.

Case Law

When you look at the Statute, you may have questions about definitions of certain words or how the Colorado Court will interpret certain phrases.  To answer these questions, Defense Attorney turn to "case law."  That is, lawyers look at previous cases to determine how these words and phrases should be defined and interpreted. The best way to locate caselaw for free is to go to google scholar and search for legal opinions involving your charges from Colorado courts. Remember to talk to your attorney about any issues in your case and how the lawyer believes that the issues should be handled.


Colorado Penalties for Theft Of Rental Property (Obtained By Threat Or Deception)

Penalties

The charge of Theft Of Rental Property (Obtained By Threat Or Deception), is categorized as a:

F3, if value equal or greater than $20,000
F5, if value $1,000 to $20,000
M1, if value $500 to $1,000
M2, if value is less than $500
For crimes committed before July 1, 2007:
F3, if value equal or greater than $15,000
F4, if value $500 to $15,000
M2, if value $100 to $500
M3, if value is less than $500

Click here to find out how much jail time is associated with this penalty.

How to Use This Information

After you have hired a Colorado Defense Attorney, you will need to sit down with him to talk about the strengths and weaknesses of your case.  To begin this process, you should think about what the prosecutor will attempt to show in order to say that you are guilty. This involves analyzing the statute language above as well as the jury instructions (which is the set of instructions that the jury will use to understand the law). This will allow you to get a better idea of how you can attack the prosecutor’s case and build your own case. So to begin, you should understand that the prosecutor will need to prove certain things beyond a reasonable doubt for you to be found guilty.  These things are called “elements”.

The jury will be notified of the elements through a set of instructions called “Jury Instructions.” The Jury Instructions will be crafted by your attorney and the prosecutor. Your Colorado Defense Attorney will mold the jury instructions to your case, adding facts that are specific to the case and omitting unnecessary parts of the instructions.

Please find the model jury instruction for Theft Of Rental Property (Obtained By Threat Or Deception) below. These will be adapted by your Colorado Attorney for your case.

The elements of the crime of theft of rental property are: 1. That the defendant, 2. in the State of Colorado, at or about the date and place charged, 3. knowingly obtained temporary use of personal property belonging to another person which is available only for hire, 4. [by means of threat or deception] [knowing that such use was without the consent of the person providing the personal property], and 5. [the value of the property involved was [less than five hundred dollars] [five hundred dollars or more, but less than one thousand dollars] [one thousand dollars or more, but less than twenty thousand dollars] [twenty thousand dollars or more].] [the value of the property involved was [less than one hundred dollars] [one hundred dollars or more, but less than five hundred dollars] [five hundred dollars or more, but less than fifteen thousand dollars] [fifteen thousand dollars or more].] -or[ the aggregate value of the things involved is [one thousand dollars or more, but less than twenty thousand dollars] [twenty thousand dollars or more] a. as a result of the defendant having committed theft of rental property two or more times b. within a period of six months]. [the aggregate value of the things involved is [five hundred dollars or more, but less than fifteen thousand dollars] [fifteen thousand dollars or more] a. as a result of the defendant having committed theft of rental property two or more times b. within a period of six months]. 6. [without the affirmative defense in instruction number __________.] After considering all the evidence, if you decide the prosecution has proven each of the elements beyond a reasonable doubt, you should find the defendant guilty of theft of rental property. After considering all the evidence, if you decide the prosecution has failed to prove any one or more of the elements beyond a reasonable doubt, you should find the defendant not guilty of theft of rental property. NOTES ON USE The values changed for offenses committed on or after July 1, 2007. Delete inapplicable bracketed material. When there is disputed evidence as to value, the special verdict form or a lesser included offense instruction should be used. The definition of ?knowingly? should be given with this instruction.

To begin the process of analyzing your case, think about your case from the perspective of the prosecutor.  Think about the facts that the prosecutor will have to prove to establish each element. Next, sit down with your CO Defense Attorney and talk about some of the legal ways that you can use to counter the prosecutor’s evidence.  Talk to your attorney about whether he thinks any of the prosecutor’s evidence can be kept out of court.  For example, if you were illegally searched, your attorney may be able to keep the things that were found, as a result of that illegal search, out of court.  Additionally, talk to your attorney about whether you have any defenses to Theft Of Rental Property (Obtained By Threat Or Deception).

Important Notes:

Don’t Forget about Immigration:

If you are not a U.S. citizen, be sure to ask your attorney whether your charges will trigger deportation if you are found guilty or plea to the charge.

Good Luck!

The information in this post is for informational purposes only and should not be construed as legal advice or as the creation of an attorney-client relationship. For legal advice, please contact an Attorney.

Written by

Nathaniel has worked in criminal law on both sides of the aisle spending time working for the prosecution as well as the defense. Most recently Nathaniel has represented individuals in violent felonies and drug cases. Prior to this work, Nathaniel handled DWIs, Domestic Violence Cases, Property Crimes, and White Collar Crimes. On the prosecutorial side, Nathaniel has most notably worked in Bosnia helping to prosecute individuals who committed war crimes and crimes against humanity in the Bosnian War from 1993-1995. In particular, Nathaniel helped in the prosecution of military leaders who arranged for the organized murders and rapes of innocent civilians in various towns in Bosnia. Nathaniel is a graduate of the University of Texas School of Law, Northwestern University, and Phillips Exeter Academy. Google Profile: Nathaniel Baca