Legal Question in Criminal Law in Colorado

theft from a store

I worked for a company we had a piece of merchandise that was $ 0.00 value that was to be marked out of stock and destroyed, we marked it out of stock but instead on destroying it we sold it. Company is trying to say we stole the merchandise even though it had no retail value in our system and was a destroy piece of merchandise. Will it stand up in court since there was no $ value and basically was supposed to be treated like trash?


Asked on 2/12/05, 7:52 pm

1 Answer from Attorneys
David Colt Colt Law Firm, P.C.

Re: theft from a store

Hello:

The crime of theft requires the proof that the item taken was "a thing of value." Because this is an element of the charge, it must be proven or else the charge cannot stand. Keep in mind, however, that "value" includes salvage value. Let's say for example, the phone company takes down old telephone wire that has copper in it, and piles the wire on their property for a salvage company to come and pick it up. If someone takes the wire without permission, that is theft because the wire had a salavage value.

Summary: If there is no value to the thing taken, the charge of theft cannot stand. I hope this answer helps you. David Colt

Read more
Answered on 2/15/05, 12:16 pm


Related Questions & Answers

More Criminal Law questions and answers in Colorado