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Is a theft by recieving charge and a theft charge within 7 months a felony?

Denver, CO |

My husband got a theft by receiving charge the end of April last year. They were catalytic converters from a dealership, given to him by some guy and he turned them in to a junk yard for money. He was paid $150ish for them. And then in November he stole a guys wallet and that was $120. Is one, or both together, considered a felony?

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Attorney answers 3

Posted

It should show in the Complaint as to whether he has been charged with a misdemeanor or a felony. From what you describe, it sounds like he would be charged with two misdemeanors. However, there may be other facts and factors at play.

The information provided in this answer does not create an attorney-client relationship. If you are interested in his legal services, feel free to call Chris at (303) 409-7635 at his law office in the Denver Tech Center. All initial consultations are free of charge.

Asker

Posted

We were both under the impression that they were both misemeanor charges but then when I turned in a applcation for renting an modular home it came back as denied because of a felony charge. Would the restitution, from the dealership, he has to pay play a part in determining felony or not? Restitution was just over $900.

Posted

Whether a Theft is a felony depends on the value of the stolen property (not what the junk yard paid for them) If the value was $1,000 or more, then it is a felony theft. Value in more than one theft all committed within 6 months can be aggregated to reach the $1,000 felony level.

Asker

Posted

How would one go about finding the value? Is it how much he is having to pay on restitution or is it a different amount? There was no restitution on the charge in november but the charge in april was just over $900.

Posted

Review the charging document carefully. If in fact he is charged with felonies, take the opportunity to hire an attorney like either Mr. Leroi or Mr. Chappell. Felony convictions have long lasting consequences, especially with regard to employment.

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