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Embezzlement from a Partnership

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  • 09-23-2015, 10:05 PM
    Sophia11
    Embezzlement from a Partnership
    I have a question regarding statue of limitations in Colorado on theft and or embezzlement from a partnership . No charges have been filed and it's a civil matter currently but my question is does the criminal aspect have any type of statue if limitations in it ? I can't seem to get a clear answer on theft and statues of limititations . Thank u much Sophia I appreciate any and all feedback

    From what I have read it would most likely fall under class 5
  • 09-23-2015, 11:21 PM
    Taxing Matters
    Re: Charged with Theft from Employer
    Quote:

    Quoting Sophia11
    View Post
    I have a question regarding statue of limitations in Colorado on theft and or embezzlement from a partnership . No charges have been filed and it's a civil matter currently but my question is does the criminal aspect have any type of statue if limitations in it ? .... From what I have read it would most likely fall under class 5

    Colorado does not have a separate crime called embezzlement. Instead, embezzlement crimes are simply theft under the Colorado Criminal Code (Title 18 of the Colorado statutes). The severity of the offense depends on the value of the money or goods that were taken. There is no class five misdemeanor theft offense in Colorado but there is a class five felony theft offense. A class five felony theft offense is one in which the value of the money or property taken is at least $5,000 but less than $20,000. Colorado Revised Statutes (CRS) section 18-4-401(2)(g).

    Colorado’s basic statute of limitations scheme is fairly straightforward compared to some other states. For misdemeanor offenses other than certain traffic offenses, the statute of limitations is 18 months. For most felony crimes, including all theft crimes, the statute of limitations is 3 years. CRS § 16-5-401(1)(a). Note that forgery, however, which is a distinct crime from theft, has no statute of limitations and may be brought any time.

    So, if the crime is charged as a class five felony theft crime, the state has three years from the date the crime was committed to bring the charges against the defendant. Anyone facing the possibility of a class 5 felony prosecution really needs to consult a criminal defense attorney before saying anything or agreeing to anything in the civil suit because the person does not want to do anything that might make matters worse in any criminal prosecution.

    You should have posted this in a new thread instead of tagging it on to someone else’s thread. A moderator may move your question and the related responses to a new thread.
  • 09-24-2015, 08:02 AM
    Sophia11
    Re: Charged with Theft from Employer
    Thank u one more question what if it greater than $20000
  • 09-24-2015, 09:02 AM
    HRinDEVON
    Re: Charged with Theft from Employer
    Id not rush assume anything wo first getting solid legal counsel....there might be some issues to toll/suspend the time lines IF the financial crime took a while to uncover or the bad actor was out of state for some time
  • 09-24-2015, 11:07 AM
    Taxing Matters
    Re: Charged with Theft from Employer
    Quote:

    Quoting Sophia11
    View Post
    Thank u one more question what if it greater than $20000

    Then it would be a more serious felony theft offense but the statute of limitation (SOL) would still be three years from the date the offense was committed. There are some circumstances that would toll (extend) the SOL, but without any details I cannot say if any of those would apply. A person who might face prosecution for a felony theft charge, particularly for a theft of this size, really needs to consult a criminal defense attorney. The person is looking at some significant prison time if he or she is prosecuted and convicted.
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