Auto Theft Lawyer in Colorado Springs

Motor Vehicle Theft Defense Under Colorado’s 2023 Framework

Colorado’s motor vehicle theft statute, CRS 18-4-409, underwent a significant overhaul in 2023. Senate Bill 23-097, effective July 1, 2023, replaced the old value-based classification system with a framework built around aggravating conduct and prior convictions. If you’re facing charges in Colorado Springs, they’re prosecuted through the 4th Judicial District, which covers El Paso County, and a felony case typically begins with a first appearance at the El Paso County courthouse.

Attorney Alexander Berry leads Damascus Road Law Group and brings a former government lawyer’s perspective to every case. That background means he understands how 4th Judicial District prosecutors evaluate evidence, select charges, and approach plea negotiations from the inside out. He is recognized by The National Trial Lawyers as a Top 100 Trial Lawyer, holds a 10.0 Superb rating on Avvo, and has been named one of the American Institute’s “10 Best” attorneys in Colorado.

Facing a motor vehicle theft charge in Colorado Springs? Contact Damascus Road Law Group at (719) 354-2052 to schedule a free initial consultation.

Colorado’s Three-Degree Motor Vehicle Theft Framework

Under the current statute, motor vehicle theft means knowingly obtaining or exercising control over another person’s vehicle without authorization, or by threat or deception. Colorado now has one of the highest auto theft rates in the nation, and prosecutors pursue these cases aggressively. The degree of the charge depends on your prior record and whether aggravating factors are present.

Third-Degree Motor Vehicle Theft
The baseline offense for a first or second violation with no aggravating factors. It is a class 5 felony carrying one to three years in prison, up to two years of mandatory parole, and a fine between $1,000 and $100,000.

Second-Degree Motor Vehicle Theft
Applies when at least one aggravating factor is present. It is a class 4 felony carrying two to six years in prison, up to three years of mandatory parole, and a fine between $2,000 and $500,000.

First-Degree Motor Vehicle Theft
Applies to a person with two or more prior convictions for motor vehicle theft or unauthorized use of a motor vehicle in Colorado or elsewhere. It is a class 3 felony carrying four to twelve years in prison, three years of mandatory parole, and a fine between $3,000 and $750,000.

A separate charge, unauthorized use of a motor vehicle, applies when the vehicle is returned within 24 hours with no damage and no other crime is committed. A first offense is a class 1 misdemeanor; a second or subsequent offense becomes a class 5 felony.

Aggravating Factors & Related Charges

What can elevate a charge from third to second degree matters from the moment a case begins. Aggravating factors under the current statute include keeping the vehicle for more than 24 hours, altering or disguising its appearance, altering or removing the vehicle identification number, removing the vehicle from Colorado, attaching an unauthorized license plate, or causing $1,000 or more in damage. Any one of these can push a felony into a significantly higher sentencing range.

Auto theft charges often intersect with other serious offenses. Altering, disguising, or removing a vehicle identification number (VIN), including on major components such as a catalytic converter, is a separate class 5 felony. Possessing, storing, or disassembling a stolen vehicle or its major parts, commonly called chop shop activity, is prosecuted as a distinct offense. When a vehicle is taken in one jurisdiction and recovered in another, the case can be tried where the theft occurred, where the vehicle was found, or in any jurisdiction it passed through, which affects which prosecutor’s office handles it.

Consequences Beyond the Sentence

A conviction carries consequences that extend well past prison time and fines. Colorado courts are required under CRS 18-1.3-603 to order restitution, and because that amount accrues statutory interest, total repayment can substantially exceed the original value of the vehicle. A conviction also can result in revocation of your Colorado driver’s license, and a felony conviction can trigger restrictions on firearm possession.

The professional impact is equally serious. Employers in banking, financial services, and government contracting routinely treat theft-related convictions as disqualifying, even at the misdemeanor level. Healthcare, real estate, and education are among the licensed professions where a theft-related record can affect or end a professional license. Even a misdemeanor creates a permanent public record unless it is successfully sealed under Colorado law.

How We Approach Motor Vehicle Theft Defense

Attorney Berry’s time as a government lawyer shapes how we build a defense. Knowing how prosecutors construct these cases, which evidence they prioritize, and where their arguments are most vulnerable gives our clients a strategic advantage at every stage. Depending on the facts, defense strategies can include challenging the prosecution’s evidence of intent, filing motions to suppress unlawfully obtained evidence, disputing whether the facts support the charged degree, and presenting alibi or mistaken identity defenses. For first-time offenders, Colorado law offers alternatives to a conviction: diversion programs and deferred judgments may be available in appropriate cases and may keep a conviction off your record. Whether those options apply depends on the specific charges and evidence, which is exactly what the initial consultation is for.

Talk to an Auto Theft Defense Attorney in Colorado Springs

A motor vehicle theft charge under Colorado’s current framework can move quickly, and the degree of the charge filed affects everything from sentencing exposure to collateral consequences. Getting informed early matters. We offer a free initial consultation to review your charges, explain how the 2023 framework applies to your situation, and discuss realistic defense options.

Call Damascus Road Law Group at (719) 354-2052 to schedule your free consultation with Attorney Berry.