What to do if Charged?
1. Do not contact the accuser
You may be tempted to contact the accuser to try and resolve the issue directly. Do not contact the accuser. All correspondence before and after the incident can and will be used against you. A lawyer should be representing you in all stages to ensure that nothing hurts the defense case.
2. Do not destroy evidence
You may think that destroying any evidence in your possession will help your defense case. However tampering with evidence will almost always backfire against the defendant. Prosecutors have many resources to recover evidence that you think has been completely destroyed. When the evidence is presented in negotiations or at trial, it will make you look more guilty if you tried to destroy it beforehand. Tampering with evidence is also a crime in itself, which can be added on top of the sentence you could receive for 18-4-409 Colorado
3. Contact an experienced attorney
When you are charged with 18-4-409 Colorado, it is critical to exercise your right to an attorney. Your life is on the line and The Law Offices of Decker & Jones are prepared to defend your case. Contact us immediately at 303-573-5253 – even if you have not been charged yet. You need a defense team working in your corner to combat the prosecution ASAP.
The Basics Of § 18-4-409 18-4-409 Colorado
See below to read the law pertaining to § 18-4-409 18-4-409 Colorado
Reference the definitions from § 18-4-409 for details on the terminology
Decker & Jones will help you understand how the law pertains to your case
§ 18-4-409
(1) As used in this section, unless the context otherwise requires:
(a) “Motor vehicle” means all vehicles of whatever description propelled by any power other than muscular, except vehicles running on rails.
(b) “Vehicle identification number” means the serial number placed upon the motor vehicle by the manufacturer thereof or assigned to the motor vehicle by the department of revenue.
(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.
(3) Aggravated motor vehicle theft in the first degree is a:
(a) Class 5 felony if the value of the motor vehicle or motor vehicles involved is less than twenty thousand dollars;
(a.5) Class 4 felony if the value of the motor vehicle or motor vehicles involved is twenty thousand dollars or more but less than one hundred thousand dollars;
(b) Class 3 felony if the value of the motor vehicle or motor vehicles involved is more than one hundred thousand dollars or if the defendant has twice previously been convicted or adjudicated of charges separately brought and tried either in this state or elsewhere of an offense involving theft of a motor vehicle under the laws of this state, any other state, the United States, or any territory subject to the jurisdiction of the United States.
(4) A person commits aggravated motor vehicle theft in the second degree if he or she knowingly obtains or exercises control over the motor vehicle of another without authorization or by threat or deception and if none of the aggravating factors in subsection (2) of this section are present. Aggravated motor vehicle theft in the second degree is a:
(a) Class 5 felony if the value of the motor vehicle or motor vehicles involved is twenty thousand dollars or more;
<Text of (4)(b) effective until March 1, 2022>
(b) Class 6 felony if the value of the motor vehicle or motor vehicles involved is one thousand dollars or more but less than twenty thousand dollars;
<Text of (4)(b) effective March 1, 2022>
(b) Class 6 felony if the value of the motor vehicle or motor vehicles involved is two thousand dollars or more but less than twenty thousand dollars;
<Text of (4)(c) effective until March 1, 2022>
Free Legal Consultation Regarding Charge § 18-4-409 18-4-409 Colorado
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