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Theft

Offenses where personal property is intentionally or fraudulently taken from another person without their authorized consent is known as theft. The term “theft” is an umbrella term for a range of offenses including grand theft auto, possession of stolen property, or shoplifting. Although these crimes have varying penalties, they all share the common trait of taking another’s property without their permission with the intention to deprive them of it.

Many acts of theft are minor crimes, but some crimes such as burglary or robbery can result in a felony charge. That means you could potentially sentenced to prison, pay steep fines, and even be ordered to provide restitution to the victim or their family. If you or someone you know has been accused of a theft related offense, it’s within your best interest to contact an experienced Denver theft defense attorney today.

Theft Defense Attorney in Denver, Colorado

Many incidents of theft are a result of simple miscommunication between two parties or simply were a mistake made by the offender. No matter the circumstances, the state of Colorado takes acts of theft very seriously. If you’ve been accused of theft in the Colorado area, we urge you to get in contact with the experienced legal team at Law Office of Matthew A. Martin, P.C..

Law Office of Matthew A. Martin, P.C. can gather the facts of your case and build an effective defense designed to sway the court. Matthew Martin’s has over 20 years of experience presenting formidable defenses for his clients. With his skills and knowledge, he can do the same for you. Call Law Office of Matthew A. Martin, P.C. now at (303) 725-0017 to set up your first consultation free of charge. Law Office of Matthew A. Martin, P.C. accepts clients throughout the greater Denver area and surrounding counties including Douglas County, Broomfield County, Jefferson County, Adams County, and Arapahoe County.

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Colorado Theft Laws

Taking or depriving another person of their property without their consent is known as theft. According to § 18-4-401 of the Colorado Revised Statutes, you’re guilty of an act of theft by doing any of the following:

  • Having or obtaining control over something of value that belongs to another
  • Using threats or deception to deprive another of something of value
  • Concealing, using, or abandoning the property and permanently depriving the owner of the property’s benefit(s)
  • Only exchanging property if a ransom is delivered or demanding a ransom

Under Colorado law, there are various offenses that can be categorized as theft including:

Multiple arrests for theft within six months will force prosecutors to combine the total value of stolen goods. In court this is referred to as the aggregated value and will end in enhanced penalties. For example, if you stole $400 in two separate incidents during a six-month period, you’ll face a class 2 misdemeanor rather than class 3 misdemeanor.


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Is Theft a Felony or a Misdemeanor in Colorado?

Depending on the circumstances of the case, you could face either a misdemeanor or a felony for theft. Misdemeanor theft crimes may have lighter penalties than their felony counterparts, but it’s still just as serious to face a misdemeanor theft offense. Since theft is a crime of dishonesty, also known as moral turpitude, having a theft conviction on your record could affect your ability to find employment. Banks also pull up your criminal record during a background check and can disapprove of any potential loans if they see a theft conviction.

Stolen goods valued at less than $2,000 are classified as a misdemeanor in Colorado. Listed below are the penalties for a misdemeanor theft offense under Colorado law.

  • $750 or more, but no more than $2,000
    • Class 1 Misdemeanor – Up to 18 months in jail as well as possible fine between $500 and $5,000
  • $300 or more, but no more than $750
    • Class 2 Misdemeanor – Up to 12 months in jail as well as possible fine between $250 and $1,000
  • $50 or more, but no more than $300
    • Class 3 Misdemeanor – Up to 6 months in jail as well as possible fine between $50 and $750

Stealing property or anything of value that is worth more than $2,000 dollars is a felony. A felony theft conviction could have a massive impact on your everyday life as you could lose your job, housing, or your professional license. The following are the penalties for felony theft in the state of Colorado.

  • More than one million dollars
    • Class 2 Felony– Up to 24 years in prison as well as possible fine between $5,000 and $1 million
  • $100,000 or more, but no more than $1 million
    • Class 3 Felony – Up to 12 years in prison as well as possible fine between $3,000 and $750,000
  • $20,000 or more, but no more than $100,000
    • Class 4 Felony – Up to 6 years in prison as well as possible fine between $2,000 and $500,000
  • $5,000 or more, but no more than $20,000
    • Class 5 Felony – Up to 3 years in prison as well as possible fine between $1,000 and $100,000
  • $2,000 or more, but no more than $5,000
    • Class 6 Felony– Up to 18 months in jail as well as possible fine between $1,000 and $100,000

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What is the Difference Between Theft and Burglary?

It’s easy to interchange the terms theft, burglary, and robbery when you hear it nightly on the news. However, all three of these crimes have separate elements that set each other a part despite their similarities. Burglary is considered a property crime, not theft. The reason for this is a vital element of the crime is that the offender must unlawfully enter or remain in a building after lawful entry to commit a crime.

The intent to commit another crime is usually presumed to be theft. However, that isn’t a required element of burglary. A person can be charged with burglary if they unlawfully enter or remain in a building and commit another crime such as criminal mischief or assault. On the other hand, robbery is considered a theft offense as it involves threatening or taking something of value by force. In that way, robbery can also be considered a crime of violence as well.


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Additional Resources

Theft Laws in Colorado | CRS– It’s advised you read the state laws governing the crime you have been charged with and you can do that by accessing the Colorado Revised Statutes. By following the link, you can read the legal definition of theft, the penalties, admissible defenses, and other relevant information you may need.

Property Crime Statistics in Colorado – Visit the Colorado Department of Public Safety to view statistics on their theft related crimes like robbery, theft and burglary. Access the data by year and county to learn which property crimes happen the most, what types of weapons used, and days of the week the crime commonly occurs.


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Denver Lawyer for Theft Crimes in Colorado

The first step to building a sturdy defense is to hire excellent legal counsel. Consult Law Office of Matthew A. Martin, P.C. for an experienced and skilled attorney with over two decades of experience under his belt. Attorney Matthew Martin has assisted hundreds of clients with promising results. His dedication, extensive resources, and passion for his role will be vital when building your defense.

Call (303) 725-0017 now to set up your first consultation free of charge. Law Office of Matthew A. Martin, P.C. accepts clients throughout the greater Denver area and surrounding cities such as Castle Rock, Parker, Highlands Ranch, Lakewood, Golden, Thornton, Centennial, Boulder, and Broomfield.