Colorado Springs Auto Theft Attorneys

Unauthorized use of a motor vehicle, Motor vehicle theft, aggravated motor vehicle theft, and grand theft auto are common terms used to describe the theft of a motor vehicle.  

Motor vehicle theft charges can be a class 1 misdemeanor, class 5 felony, a class 4 felony, or a class 3 felony, depending on various factors.

Misdemeanor 1. Unauthorized use of a motor vehicle is charged as a class 1 misdemeanor.  This occurs when the person charged is accused of obtaining or exercising control over a motor vehicle without authorization of the owner and:

(a) The person charged is not accused of committing a criminal offense, except for a misdemeanor traffic offense (but not eluding an officer); and

(b) The motor vehicle is returned to the owner or recovered by law enforcement withing 24-hours after being reported as missing or stolen by the owner, and there is no damage to the vehicle. 

Felony 5.  Motor vehicle theft in the third degree is charged as a class 5 felony.  This occurs when the person charged is accused of obtaining or exercising control over a motor vehicle of another person, and the person charged knew or should have known that it was done without authorization or was done by threat or deception. Third degree motor vehicle theft also occurs when the person charged is accused of receiving or retaining the motor vehicle from another person who is not the owner, and the person charged is accused of exercising control over the motor vehicle, and the person charged knew of should have known that it was without permission of the owner.

Felony 4.  Motor vehicle theft in the second degree is charged as a class 5 felony.  This occurs when the person charged is accused of obtaining or exercising control over a motor vehicle of another person, and the person charged knew or should have known that it was done without authorization or was done by threat or deception; and:

(a) The person charged is accused of retaining possession or control of the motor vehicle for more than 24 hours;

(b) The person charged is accused of altering or disguising the appearance of the motor vehicle;

(c) The person charged is accused of attempting, or actually altering or removing the vehicle identification number (VIN);

(d) The person charged is accused of removing the vehicle from the state of Colorado’

(e) The person charged is accused of unlawfully attaching or displaying a license plate in or upon the motor vehicle other than those plates officially issued for the motor vehicle;

(f) The person charged, or a participant (friend, accomplice), causes one thousand dollars or more property damage, including property damage to the motor vehicle involved, in the course of obtaining control over, in the exercise of control of, in the course of receiving, or in the course of retaining the motor vehicle;

(g) The person charged is accused of causing bodily injury to another person other than to a participant while in the exercise of controlling of the motor vehicle;

(h) The person charged uses or attempts to use the motor vehicle in the commission of a crime other than:

(I) A traffic offense except eluding a police officer as described in section 42-4-1413; or

(II) A first or second degree criminal trespass of the motor vehicle; or

(i) At the time of the act, the motor vehicle displayed a license plate or placard indicating the motor vehicle belongs to a person with a disability.

Felony 3. Motor vehicle theft in the first degree is charged as a class 3 felony.  A person that is charged is accused of committing motor vehicle theft in the first degree if the person charged is accused of knowingly obtaining, exercising control over, receiving, or retaining the motor vehicle of another person; and the person charged is accused of knowing or reasonably should have known that the act was without authorization or was by threat or deception; and the person charged has two prior convictions or adjudications of charges separately brought and tried for an offense involving motor vehicle theft or unauthorized use of a motor vehicle in Colorado, a municipality, another state, the United States, or any territory subject to the jurisdiction of the United States.

Motor vehicles are defined as any self-propelled vehicle that is designed primarily for travel on public highways and that is generally and commonly used to transport persons and property over the public highways.  Motor vehicles can include a passenger car, passenger truck, automobile, sport utility vehicle, trucks, buses, a semi-truck & trailer, motorcycle, motor home or motor coach, snow mobile, motor scooter, all-terrain vehicle (ATV & four wheeler).

Contact Us Today

Motor vehicle theft charges are often serious. Call Black, Blink, & Associates LLC at 719-694-0578 to begin your defense today.