blog Theft Crime No Cheat Codes This Time: Defending “Grand Theft Auto” Charges

No Cheat Codes This Time: Defending “Grand Theft Auto” Charges

By Colorado Attorney-at-law on November 15, 2023

So-called “grand theft auto” charges in Colorado are far from a virtual game; these crimes come with real-world consequences. Defending against grand theft auto charges in Colorado is a serious matter that demands a strategic and comprehensive approach. By understanding the specific elements of motor vehicle theft laws, exploring potential defenses, identifying challenges in the prosecution’s case, and relying on the knowledge of a Summit County defense lawyer, individuals accused of such crimes can navigate the legal system with the best possible chances for a favorable resolution.

Understanding Motor Vehicle Theft Laws in Colorado

While in some states, the crime of motor vehicle theft is synonymous with “grand theft auto,” Colorado law always refers to the offense simply as “motor vehicle theft.” The seriousness of these charges cannot be overstated, with potential penalties ranging from fines to imprisonment.

Under Colorado Revised Statutes § 18-4-409, a person is guilty of committing aggravated motor vehicle theft if they:

  • Keep the vehicle for more than 24 hours.
  • Try to change the vehicle’s appearance or its VIN.
  • Use the vehicle for a non-traffic-related crime.
  • Cause property damage of $500 or more during the theft.
  • Cause bodily injury to someone during the theft.
  • Take the vehicle out of the state for more than twelve hours.
  • Illegally attach license plates other than those officially issued.

Potential Defenses for Motor Vehicle Theft

Facing grand theft auto charges doesn’t mean “game over.” Various defenses can be employed to challenge the prosecution’s case:

  • Insufficient evidence: Highlight the inadequacy or lack of credible evidence in the prosecution’s case, emphasizing the importance of scrutinizing the case for weaknesses in evidence.
  • Challenging witness credibility: Identify and exploit weaknesses or inconsistencies in witness testimonies, cross-examining witnesses to cast doubt on the accuracy or reliability of their statements.
  • Constitutional and procedural defenses: Examine whether the accused’s constitutional rights were violated during the arrest or investigation, exploring procedural errors or violations that may impact the admissibility of evidence.
  • Law enforcement oversight: Investigate any mishandling or oversight by law enforcement in the process of the investigation, highlighting instances where law enforcement may have deviated from proper procedures or violated the accused’s rights.
  • Alibi: Establish a strong alibi proving that the accused was not present at the scene of the alleged motor vehicle theft, providing witnesses, documents, or other evidence supporting the alibi.
  • Consent or authorization: Argue that the accused had consent or authorization to use the motor vehicle, negating the element of unauthorized control, and present evidence demonstrating permission or lawful possession of the vehicle.

Legal Strategies and the Role of Defense Attorneys

Breckenridge defense attorneys play a crucial role in negotiating plea deals, aiming for reduced charges or sentences. They are also instrumental in building trial defenses, challenging evidence, presenting compelling arguments, and ensuring that their clients’ rights are protected throughout the legal process.

In the face of Summit County grand theft auto charges, a well-versed defense lawyer will meticulously analyze the details of your case, exploring every possible angle for a strong defense. Whether negotiating with the prosecution or vigorously advocating for you in court, your attorney becomes an indispensable ally, working tirelessly to secure you the best possible outcome.

Select the Strongest Player for Your Case—Choose Whitaker & Penix, LLC

If you’re facing motor vehicle theft charges in Colorado and need an experienced Breckenridge grand theft auto lawyer who knows how to navigate the twists and turns of the legal landscape, look no further than Whitaker & Penix, LLC. Our attorneys do not play games when it comes to defending your rights! We are here to protect your freedom and your future.

No cheat codes are available, but with a strong defense, there’s still a chance to beat the game—call (970) 368-0602 to get started on your case with a free consultation.

Posted in: Theft Crime