Is Motor Vehicle Theft Always a Felony in Colorado?

Colorado has an especially high rate of motor vehicle thefts, and those numbers are especially high in the Denver area, according to the Colorado Auto Theft Prevention Authority. Indeed, Denver is the top city in the state for auto theft rates, followed closely by adjacent Aurora and Lakewood. Over the last five years, an average of more than 30,000 vehicles have been stolen annually, with a peak of more than 41,000 cars and trucks in 2022. Given the significant problem of vehicle theft in the state, Colorado law penalizes this offense seriously.

If you are facing criminal charges for any type of vehicle theft, you are going to be facing felony charges that can result in a severe sentence if you are convicted. Consider the following information from our Denver auto theft defense lawyers.

All Degrees of Motor Vehicle Theft Are Felonies Under Colorado Law 

Whether you set out (or are accused of setting out) to steal multiple high-value motor vehicles or you merely take a neighbor’s car for a “joyride,” you will be facing felony charges under Colorado law.

Under Colorado Rev Stat 18-4-409, motor vehicle theft is charged at a minimum as a Class 5 felony and up to a Class 3 felony. The following are the three degrees of motor vehicle theft that can be charged in the state, along with their resulting felony classification:

• Motor vehicle theft in the first degree (Class 3 felony): This offense is charged when a 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 deception,” and the person has “two prior convictions or adjudications” for an offense involving motor vehicle theft;
• Motor vehicle theft in the second degree (Class 4 felony): This offense is charged when a 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 deception” (like motor vehicle theft in the second degree, but without prior convictions); and the person takes additional steps to disguise the vehicle or to remove it from the state, causes bodily injury while driving it, keeps it for more than 24 hours, or causes more than $1,000 in property damage; and
• Motor vehicle theft in the third degree (Class 5 felony): This offense is charged when a 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 deception” but none of the additional factors of a second-degree charge exist. A third-degree motor vehicle theft charge is a “joyriding” charge, in effect.

Contact a Denver Car Theft Defense Lawyer for Help Today

If you have been charged with any degree of motor vehicle theft, it is critical to know that you are likely facing a felony offense and could be required to serve an extensive prison sentence if you are convicted. It is critical to begin working on your defense with an experienced Denver car theft defense attorney at DeChant Law. We can speak with you today to learn more about the details of your case and to begin developing a defense strategy that is tailored to those facts. Do not hesitate to contact us to discuss your case and to get started on your defense.

Sources:

law.justia.com/codes/colorado/title-18/article-4/part-4/section-18-4-409/

lockdownyourcar.colorado.gov/facts