Statute for 18 – 4 – 404 – Theft By Receiving
Here is the charge you are facing:
18-4-404. Obtaining control over any stolen thing of value – conviction
Every person who obtains control over any stolen thing of value, knowing the thing of value to have been stolen by another, may be tried, convicted, and punished whether or not the principal is charged, tried, or convicted.
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, Criminal 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 By Receiving
The charge of Theft By Receiving, is categorized as a:
F3, if value is $20,000 or more
F4, if value is $1,000 to $20,000
M1, if value is $500 to $1,000
M2, if value less than $50
For crimes committed before July 1, 2007:
F3, if value is $15,000 or more
F4, if value is $500 to $15,000
M2, if value is $100 to $500
M3, if value less than $100
Click here to find out how much jail time is associated with this penalty.
How to Use This Information
After you have hired a Denver CO Criminal 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 Denver CO Criminal 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 By Receiving below. These will be adapted by your Denver CO Attorney for your case.
The elements of the crime of theft by receiving are: 1. That the defendant, 2. in the State of Colorado, at or about the date and place charged, 3. [received] [retained] [loaned money by pawn or pledge on] [disposed of] anything of value belonging to another person, 4. knowing or believing that thing of value to be stolen, 5. with intent to permanently deprive the lawful owner of the use or benefit of the thing of value, and 6. [the value of the thing involved is [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].] -or- [the value of the thing involved is [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 thing or things involved is one thousand dollars or more, and] -or- 6. [the aggregate value of the thing or things involved is five hundred dollars or more, and] 7. the defendant is engaged in the business of buying, selling or otherwise disposing of stolen goods for a profit.] -or- 6. [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 by receiving two or more times b. within a period of six months.] -or- [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 by receiving two or more times b. within a period of six months.] [7. or 8. 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 by receiving. 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 by receiving. 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, a Special Verdict form or a lesser included offense instruction must be used. The definitions of ?knowingly? and ?with intent? must 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 Denver CO Criminal 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 By Receiving.
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.
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.