4th degree theft sentencing for first time offender.
Question Details: I have been charged with 4th degree theft. I am a first time offender and was wondering what would I be looking at when I am sentenced. There was another person involved with my case we were both arrested and got out with a $5,000 pr bond.
There is no such thing as '4th degree theft' so I assume you mean a class 4 felony Theft charge (i.e. over $1000 but under $20,000). There are a huge number of factors that play into what the sentence will be, like what county, who the judge is, how much was taken, can full restitution be paid up front. You need to hire a lawyer.
Did you both commit the crime? Was it a conspiracy to commit? You are a first time offender? How old are you? Are you a contirbuting member of society? It all depends on how effective your counsel is, what was the situation with the other (i.e., did he or she plea out and blame you in exchange for lesser sentencing), can your counsel strike a plea bargain, what does the prosecutor intend to do?
Here is some information you. If you wish to hire private counsel, try www.attorneypages.com and check his or her record at the Colorado State Bar.
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(1) (a) (I) As to any person sentenced for a felony committed after July 1, 1979, and before July 1, 1984, felonies are divided into five classes which are distinguished from one another by the following presumptive ranges of penalties which are authorized upon conviction: |
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Class Presumptive Range
1 Life imprisonment or death
2 Eight to twelve years plus one year of parole
3 Four to eight years plus one year of parole
4 Two to four years plus one year of parole
5 One to two years plus one year of parole
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(II) As to any person sentenced for a felony committed on or after July 1, 1984, and before July 1, 1985, felonies are divided into five classes which are distinguished from one another by the following presumptive ranges of penalties which are authorized upon conviction: |
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Class Presumptive Range
1 Life imprisonment or death
2 Eight to twelve years
3 Four to eight years
4 Two to four years
5 One to two years
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(III) (A) As to any person sentenced for a felony committed on or after July 1, 1985, except as otherwise provided in sub-subparagraph (E) of this subparagraph (III), in addition to, or in lieu of, any sentence to imprisonment, probation, community corrections, or work release, a fine within the following presumptive ranges may be imposed for the specified classes of felonies: |
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Class Minimum Sentence Maximum Sentence
1 No fine No fine
2 Five thousand dollars One million dollars
3 Three thousand dollars Seven hundred fifty thousand dollars
4 Two thousand dollars Five hundred thousand dollars
5 One thousand dollars One hundred thousand dollars
6 One thousand dollars One hundred thousand dollars
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(A.5) Notwithstanding any provision of law to the contrary, any person who attempts to commit, conspires to commit, or commits against an elderly person any felony set forth in part 4 of article 4 of this title, part 1, 2, 3, or 5 of article 5 of this title, article 5.5 of this title, or section 11-51-603, C.R.S., shall be required to pay a mandatory and substantial fine within the limits permitted by law. However, all moneys collected from the offender shall be applied in the following order: Costs for crime victim compensation fund pursuant to section 24-4.1-119, C.R.S.; surcharges for victims and witnesses assistance and law enforcement fund pursuant to section 24-4.2-104, C.R.S.; restitution; time payment fee; late fees; and any other fines, fees, or surcharges. For purposes of this sub-subparagraph (A.5), an "elderly person" or "elderly victim" means a person sixty years of age or older. |
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Although I do not practice law in the State of Colorado, here are my initial impressions. Although my colleague's advice is helpful, I'd like an opportunity to elaborate. First, you should never be considering "sentencing" without first consulting with and/or retaining an attorney. It may be possible to dispose of this case without a guilty plea or verdict. Based upon the facts and circumstances, it may be possible to obtain a dismissal of the charges, or, to participate in a diversionary program that would result in the charges being dismissed upon successful completion. Pleading guilty and receiving a sentence should be your last resort, and done only upon the advice of counsel. Moreover, it is unclear that your charge is actually considered a felony in the State of Colorado. Therefore, I highly suggest that you consult with an attorney PRIOR to your next court date. Good luck.
