Value to Support a Conviction Law and Legal Definition
In some states like Colorado an accused in a theft case is convicted based on the value of the thing/property stolen. The accused can be convicted for class 2 misdemeanor, class 1 misdemeanor, class 4 felony, or class 3 felony based on the value of the stolen property.
Thus under the theft statute, the courts look at the value of the stolen item than the mental state of the accused, when grading the criminal offense. [ People v. Cowden, 735 P.2d 199 (Colo. 1987)]
Example of a State Statute explaining the Gradation of conviction
C.R.S. 18-4-401 (2)
“(2) Theft is:
(a) (Deleted by amendment, L. 2007, p. 1690, § 3, effective July 1, 2007.)
(b) A class 2 misdemeanor if the value of the thing involved is less than five hundred dollars;
(b.5) A class 1 misdemeanor if the value of the thing involved is five hundred dollars or more but less than one thousand dollars;
(c) A class 4 felony if the value of the thing involved is one thousand dollars or more but less than twenty thousand dollars;
(d) A class 3 felony if the value of the thing involved is twenty thousand dollars or more.
(3) and (3.1) Repealed.”
