[Hot Air] You can’t blame them for trying I guess. Two adult men arrested and charged for stealing from a Kohl’s department store in Colorado had their lawyer make the case that the charges against them should reduced from a felony to a misdemeanor because some of the items were on sale.
The pair were dubbed the "KitchenAid Mixer Crew," because the pricey kitchen appliance was included in the theft, along with brand-name shoes and clothing. Investigators identified the two through surveillance images.
Prosecutors said the items stolen totaled $2,094. That’s important because the cutoff line between a misdemeanor theft and a felony theft in Colorado is $2,000, according to the prosecutor’s office.
"The legal argument by the defense was that these two individuals basically stole merchandise that was on sale, and if you took the sale price, it would fall below the $2,000 threshold required for a Class 6 felony conviction," said Eric Ross, spokesperson for the 18th Judicial District Attorney’s Office.
If the stolen goods had been $95 cheaper then the most these two could face was a year in jail. But if this is treated as a felony then they are facing up to 18 months in prison, not to mention a felony conviction on their records. Their attorney argued the items were below the misdemeanor threshold if you counted the sale prices instead of the regular retail price. |