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.

Denver Theft Defense Lawyer, 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 Denvers Defense Attorney.

Denvers Defense Attorney can gather the facts of your case and build an effective defense designed to sway the court. Matthew Martin’s has over 30 years of experience presenting formidable defenses for his clients. With his skills and knowledge, he can do the same for you. Call Denvers Defense Attorney now at 303.725.0017 or fill out our consultation form to set up your first consultation free of charge. Denvers Defense Attorney accepts clients throughout the greater Denver area and surrounding counties including Douglas County, Broomfield County, Jefferson County, Adams County, and Arapahoe County.

Overview of Theft Crimes in Denver, Colorado

• Colorado Theft Laws
• Types of Theft Crimes in Colorado
• Is Theft a Felony or a Misdemeanor in Colorado?
• What Factors Can Increase the Penalties for a Theft Crime in Colorado?
• Can Theft Crime Records Be Sealed or Expunged in Colorado?
• What is the Difference Between Theft and Burglary?
• Frequently Asked Questions
• Additional Resources

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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

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Types of Theft Crimes in Colorado

Auto Theft – Auto theft involves knowingly taking or exercising control over another person’s vehicle without lawful authority. Unlike situations involving temporary unauthorized use, prosecutors often allege that the defendant intended to permanently deprive the owner of the vehicle. Penalties depend on the value of the vehicle, whether force or fraud was involved, and the defendant’s prior criminal history.

Burglary – Burglary involves unlawfully entering or remaining inside a building, dwelling, or occupied structure with the intent to commit a crime once inside. Contrary to popular belief, burglary does not require that property actually be stolen. Depending on the type of structure involved and whether a weapon or assault was involved, burglary may be charged as a serious felony carrying substantial prison time.

Concealment of Goods – Concealment of goods generally involves intentionally hiding or concealing merchandise within a retail store with the intent to avoid paying for it. In many cases, prosecutors may pursue criminal charges even if the individual never successfully leaves the store with the merchandise. Depending on the facts, concealment of goods may be charged alongside or instead of shoplifting offenses.

Criminal Tampering – Criminal tampering occurs when a person unlawfully interferes with another person’s property with the intent to cause inconvenience, annoyance, or disruption. Common examples include damaging utility equipment, interfering with vehicles, or tampering with another person’s belongings. Although some cases involve relatively minor property damage, criminal tampering can still result in significant criminal penalties.

Misdemeanor and Petty Theft – Misdemeanor or petty theft generally involves stealing property with a relatively low monetary value. Although these offenses carry less severe penalties than felony theft, a conviction can still result in jail time, fines, probation, restitution, and a permanent criminal record. Repeat offenses or aggravating circumstances may lead to enhanced penalties.

Felony or Grand Theft – Felony theft, sometimes referred to as grand theft, involves stealing property whose value exceeds the monetary threshold established by Colorado law for felony offenses. As the value of the stolen property increases, the potential penalties also become more severe. A felony theft conviction may result in substantial fines, lengthy prison sentences, restitution, and long-term consequences for employment and professional licensing.

Grand Theft Auto – Grand theft auto involves knowingly taking or exercising control over another person’s motor vehicle without authorization and with the intent to permanently deprive the owner of it. Colorado treats vehicle theft as a serious offense, and penalties often increase depending on the value of the vehicle and the circumstances surrounding the theft. A conviction may result in significant fines, imprisonment, restitution, and a permanent criminal record.

Possession of Burglary Tools – Colorado law prohibits possessing tools or instruments with the intent to use them to commit burglary or another theft-related offense. Items such as lock picks, pry bars, bolt cutters, or specialized entry devices may serve as evidence depending on the surrounding circumstances. Prosecutors must generally prove both possession of the tools and the intent to use them unlawfully.

Receiving Stolen Property – Receiving stolen property occurs when a person knowingly buys, receives, possesses, or disposes of property that they know or reasonably should know was stolen. A person can face criminal charges even if they did not personally steal the property. The seriousness of the offense depends largely on the value of the property involved and the defendant’s knowledge of its stolen nature.

Shoplifting – Shoplifting occurs when a person intentionally takes merchandise from a retail store without paying for it or attempts to deprive the retailer of its property through concealment, price switching, or other deceptive conduct. Colorado retailers frequently pursue criminal charges even for relatively low-value merchandise. Depending on the value of the property and any prior convictions, shoplifting may be charged as either a misdemeanor or felony.

Theft of a Firearm – Theft of a firearm involves knowingly stealing a firearm belonging to another person without authorization. Because firearms present unique public safety concerns, these cases are often prosecuted aggressively and may carry enhanced penalties compared to the theft of other property with a similar value. A conviction can result in imprisonment, significant fines, restitution, and the loss of certain firearm rights.

Theft of Rental Property – Theft of rental property occurs when a person intentionally keeps, sells, conceals, or otherwise fails to return rented property after the rental agreement has expired. These cases often involve vehicles, construction equipment, tools, electronics, or other leased items. Depending on the value of the property, the offense may be charged as either a misdemeanor or felony under Colorado law.

Theft by Fraud or Deceit – Theft by fraud or deceit involves obtaining another person’s money, property, or services through false representations, deception, or misleading statements. These cases commonly involve scams, fraudulent business transactions, online schemes, or misrepresenting material facts to obtain financial gain. The severity of the charge generally depends on the value of the property or money involved.

Theft of Medical Records – Theft of medical records involves unlawfully obtaining, possessing, or using another person’s confidential medical information without authorization. These offenses may be committed for financial fraud, identity theft, insurance fraud, or other criminal purposes. Because medical records contain sensitive personal information, these cases often involve additional criminal charges beyond theft alone.

Theft of Trade Secrets – Theft of trade secrets involves unlawfully obtaining or disclosing confidential business information that provides a company with a competitive advantage. Examples may include customer lists, manufacturing processes, formulas, software code, or proprietary business strategies. These cases often involve employees, former employees, or competitors and may lead to both criminal prosecution and civil lawsuits.

Theft by Writing Bad Checks – Colorado law prohibits knowingly issuing or passing a check while knowing that sufficient funds are not available to cover the payment. Depending on the amount involved and the circumstances of the transaction, writing a bad check may result in misdemeanor or felony charges. In addition to criminal penalties, defendants may also be required to repay the amount owed and additional financial damages.

Identity Theft – Identity theft occurs when someone knowingly uses another person’s identifying information without permission to obtain money, credit, property, services, or other benefits. This may involve stolen Social Security numbers, credit cards, driver’s licenses, bank account information, or online account credentials. Identity theft is often prosecuted aggressively because it can result in significant financial harm to victims.

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 Factors Can Increase the Penalties for a Theft Crime in Colorado?

Several circumstances can make a theft offense more serious under Colorado law. Depending on the facts of the case, prosecutors may pursue more severe charges or seek harsher penalties if one or more aggravating factors are present. Some of the most common factors that can increase the consequences of a theft crime include:

High Value of the Property – The value of the allegedly stolen property is one of the most important factors in determining how theft is charged. Colorado law imposes increasingly severe misdemeanor and felony penalties as the value of the property rises, with higher-value thefts carrying greater fines and longer potential prison sentences.

Theft of Certain Types of Property – Stealing specific types of property may result in more serious charges or additional criminal offenses. Firearms, motor vehicles, medical records, trade secrets, government property, and other sensitive or high-value items often receive greater attention from prosecutors because of the potential harm associated with the theft.

Use of Force or Threats – A theft becomes much more serious if force, intimidation, or threats are used against another person during the offense. In these situations, prosecutors may pursue robbery charges instead of simple theft, exposing the accused to substantially harsher penalties.

Burglary During the Theft – Entering or remaining inside a home, business, or other structure with the intent to commit theft may lead to separate burglary charges. Because burglary is treated as its own offense under Colorado law, a defendant may face penalties for both burglary and the underlying theft.

Fraud or Deception – Theft accomplished through fraud, false representations, forged documents, identity theft, or other deceptive conduct is often prosecuted more aggressively. These cases frequently involve additional criminal charges and can require extensive financial investigations.

Prior Theft or Criminal Convictions – A defendant’s criminal history may affect both charging decisions and sentencing. Repeat offenders often face enhanced penalties, reduced eligibility for diversion programs, and less favorable plea offers than first-time offenders.

Multiple Victims – Theft schemes involving numerous victims frequently result in more complicated criminal cases and may lead prosecutors to seek harsher punishment. Cases involving widespread financial losses or ongoing criminal conduct are often viewed more seriously by the court.

Vulnerable Victims – Theft offenses targeting elderly individuals, disabled persons, or other particularly vulnerable victims may receive enhanced scrutiny during prosecution. Courts often consider the vulnerability of the victim when determining an appropriate sentence.

Organized Criminal Activity – Theft committed as part of an organized retail theft ring, criminal enterprise, or coordinated scheme may result in additional charges beyond theft itself. Organized criminal activity often increases both the complexity of the case and the potential penalties upon conviction.

Possession of Weapons During the Offense – Although merely possessing a weapon does not automatically increase every theft charge, the presence or use of a firearm or other dangerous weapon during the commission of a theft can significantly increase the seriousness of the case. Depending on the circumstances, additional weapons charges or violent crime allegations may also be filed.

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Can Theft Crime Records Be Sealed or Expunged in Colorado?

A theft conviction can continue to affect your life long after your criminal case has ended. Employers, landlords, licensing boards, and educational institutions frequently conduct background checks, and a theft-related offense may raise concerns about honesty and trustworthiness. Even misdemeanor theft convictions can make it more difficult to find employment, secure housing, or obtain certain professional licenses. Fortunately, Colorado law allows some theft-related criminal records to be sealed under certain circumstances, giving eligible individuals the opportunity to move forward without a publicly accessible criminal record.

Whether a theft offense qualifies for record sealing depends on several factors, including the specific charge, how the case was resolved, whether it resulted in a conviction, and whether all sentencing requirements have been completed. Cases that are dismissed, result in an acquittal, or are successfully completed through certain diversion programs are often eligible for sealing much sooner than convictions. Convictions may also become eligible after a waiting period, provided the individual meets the statutory requirements and has not incurred disqualifying criminal convictions.

It is important to understand that Colorado generally does not expunge adult criminal convictions. Instead, the state primarily uses the process of record sealing for eligible criminal cases. When a record is sealed, it is removed from public view, meaning most employers, landlords, and members of the public can no longer access it during a routine background check. However, certain government agencies, law enforcement entities, and courts may still have limited access to sealed records as permitted by law.

Not every theft-related offense is eligible for record sealing, and the waiting periods vary depending on the level of the offense and the outcome of the case. Felony theft convictions often have longer waiting periods than misdemeanor offenses, and certain offenses or repeat convictions may be ineligible for sealing altogether. Because the eligibility rules can be complex, it is important to carefully evaluate the facts of your case before filing a petition.

An experienced Colorado criminal defense attorney can help protect your future both during and after your case. Whenever possible, your attorney may negotiate for a dismissal, diversion agreement, deferred judgment, or another resolution that improves your ability to seal your record later. If your case has already been resolved, an attorney can review your criminal history, determine whether you qualify for record sealing, prepare the necessary court filings, and guide you through the process of clearing your record whenever Colorado law allows.

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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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Frequently Asked Questions

What is considered theft under Colorado law?

Theft occurs when a person knowingly obtains, retains, or exercises control over another person’s money, property, or valuables without authorization and intends to permanently deprive the owner of them. Colorado law recognizes many different forms of theft, including shoplifting, auto theft, identity theft, theft by deception, and receiving stolen property.

How is theft classified in Colorado?

Theft offenses are generally classified according to the value of the property allegedly stolen. Lower-value thefts are typically charged as misdemeanors, while higher-value thefts may be prosecuted as felonies with significantly greater penalties. Certain types of theft, such as firearm or motor vehicle theft, may involve additional criminal charges regardless of the property’s value.

What are the penalties for a theft conviction?

The penalties depend on the specific offense, the value of the property involved, and the defendant’s criminal history. Possible consequences include jail or prison time, probation, fines, restitution to the victim, community service, and a permanent criminal record. More serious felony theft convictions can also result in the loss of certain civil rights and long-term employment consequences.

What is the difference between theft, robbery, and burglary?

Although these crimes are related, they are separate offenses under Colorado law. Theft involves unlawfully taking another person’s property, robbery involves taking property through force or intimidation, and burglary involves unlawfully entering or remaining in a building with the intent to commit a crime inside. Because robbery and burglary involve additional elements, they generally carry much harsher penalties than theft alone.

Can I be charged with theft if I intended to return the property?

Possibly. Whether temporary possession is a valid defense depends on the facts of the case and the specific theft offense alleged. Prosecutors must generally prove that the defendant intended to permanently deprive the owner of the property, and evidence regarding that intent may become an important issue during the case.

Can I be charged if I didn’t actually steal the property but knew it was stolen?

Yes. Colorado law makes it a crime to knowingly receive, possess, purchase, or dispose of stolen property. A person may face criminal charges even if someone else originally committed the theft, provided prosecutors can prove the individual knew or reasonably should have known the property was stolen.

Is shoplifting treated differently than other theft offenses?

Shoplifting is a specific type of theft that involves taking or attempting to take merchandise from a retail business without paying for it. While it is prosecuted under Colorado’s theft laws, retailers often pursue both criminal charges and civil remedies. Even a relatively minor shoplifting offense can result in a criminal record if not properly resolved.

Will I have to pay restitution if I am convicted?

In many theft cases, yes. Courts frequently order defendants to compensate victims for the value of stolen or damaged property, along with other financial losses directly caused by the offense. Restitution is separate from any fines or other criminal penalties imposed by the court.

Can a theft charge be dismissed or reduced?

Yes. Depending on the facts of the case, it may be possible to challenge the prosecution’s evidence, negotiate reduced charges, participate in diversion programs, or obtain another favorable resolution. Factors such as a lack of evidence, mistaken identity, ownership disputes, or the absence of criminal intent may provide strong defenses.

Can a theft conviction be sealed in Colorado?

Some theft-related criminal records may become eligible for record sealing after a case has been resolved and any applicable waiting periods have passed. Eligibility depends on factors such as the type of offense, whether the case resulted in a conviction, and whether all sentencing requirements have been completed. An experienced criminal defense attorney can evaluate whether your record qualifies for sealing under Colorado law.

What should I do if I am being investigated or charged with theft?

You should avoid making statements to law enforcement or attempting to explain your side of the story without first speaking with an attorney. Even seemingly harmless statements can later be used as evidence against you. Contacting an experienced Colorado theft defense lawyer as early as possible can help protect your rights and improve your chances of achieving a favorable outcome.

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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

The first step to building a sturdy defense is to hire excellent legal counsel. Consult Denvers Defense Attorney for an experienced and skilled attorney with over three 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. Denvers Defense Attorney accepts clients throughout the greater Denver area and surrounding cities such as Castle Rock, Parker, Highlands Ranch, Lakewood, Golden, Thornton, Centennial, Boulder, and Broomfield.