In Colorado, the act of concealing merchandise in a store is more than a minor inconvenience—it is a serious criminal matter that can lead to theft charges under Colorado Revised Statute (CRS) § 18-4-406. Commonly encountered in shoplifting cases, this statute serves as a critical tool for law enforcement and prosecutors by establishing that the willful concealment of unpurchased goods is, in itself, prima facie evidence of intent to commit theft.
Denver Lawyer for Concealment of Goods
At Law Office of Matthew A. Martin, P.C., our seasoned Denver theft defense attorney has successfully represented countless clients who were caught in situations involving the concealment of goods. We understand that even an innocent mistake or a moment of confusion can lead to serious allegations, leaving you scared, embarrassed, and uncertain about your future.
Don’t let a single moment of error jeopardize your future. Take control of your situation by securing the strong, effective defense that only Law Office of Matthew A. Martin, P.C. can provide. Contact our office today at (303) 725-0017 to schedule your free initial consultation. Law Office of Matthew A. Martin, P.C. proudly serves clients throughout the greater Denver area, including Adams County, Arapahoe County, Douglas County, Broomfield County, and Boulder County. Your future is too important to face these charges alone.
Contact our office today at (303) 725-0017 to schedule your free initial consultation. Law Office of Matthew A. Martin, P.C. proudly serves clients throughout the greater Denver area, including Adams, Arapahoe, Douglas, Broomfield, and Boulder counties.
Overview of Concealment of Goods
- Overview of Concealment of Goods
- Penalties for Concealment of Goods
- Defenses to Concealment of Goods
- FAQ
- Additional Resources
- Hire a Lawyer for Concealment of Goods
Overview of Concealment of Goods under California Law
CRS § 18-4-406 states:
“If any person willfully conceals unpurchased goods, wares, or merchandise owned or held by and offered or displayed for sale by any store or other mercantile establishment, whether the concealment be on his own person or otherwise and whether on or off the premises of said store or mercantile establishment, such concealment constitutes prima facie evidence that the person intended to commit the crime of theft.”
This statutory language is straightforward: if a person intentionally hides merchandise from view, whether on their person or in another manner, it is considered sufficient evidence—or prima facie evidence—that they intended to steal that merchandise.
The term prima facie evidence means that the concealment creates a legal presumption of intent to commit theft. In other words, unless the defendant can provide a reasonable explanation or evidence to counter this inference, the concealed state of the goods will support the prosecution’s argument that theft was intended. However, this presumption does not eliminate the prosecution’s burden of proving beyond a reasonable doubt that all elements of the theft offense are present. A successful defense might argue that the concealment was inadvertent and not indicative of a deliberate intent to steal. Nonetheless, because the statute establishes a “permissible inference,” the burden does shift to the defendant to explain the circumstances surrounding the concealment.
Penalties for Theft Under Colorado Law
CRS § 18-4-406 itself does not prescribe specific penalties; instead, it functions as an evidentiary tool in theft prosecutions. The penalties for theft, including shoplifting, are determined by the value of the stolen merchandise and other factors under Colorado law. While the concealment of goods can lead to charges of theft, the following outlines how penalties may be applied:
- Petty Offense:
- Value: Typically, when the value of the stolen goods is less than approximately $300.
- Penalties: This may result in a petty offense charge with penalties that could include up to 10 days in jail and fines up to $300.
- Misdemeanor Offense:
- Value: For merchandise valued between $300 and $2,000.
- Penalties: A conviction might lead to up to 364 days in jail and fines that could reach up to $1,000. Additionally, courts are likely to order restitution to the store for the value of the stolen items.
- Felony Offense:
- Value: When the value of the goods exceeds $2,000, the charge may escalate to a felony.
- Penalties: Felony theft can carry severe penalties, including a prison sentence ranging from one to 24 years and fines that can be substantial, sometimes reaching up to $1,000,000.
It is important to note that these penalty ranges serve as guidelines. The actual sentence will depend on factors such as prior criminal history, the circumstances of the offense, and the discretion of the sentencing judge. Even if a case starts with the presumption of theft because of concealed merchandise, the final charges and penalties will be influenced by all the evidence presented at trial.
Defenses
Defendants facing charges under CRS § 18-4-406 have several potential defenses, including:
- Accidental Concealment: The defendant may argue that the concealment of goods was inadvertent. For example, a shopper might claim that in the rush or confusion of a busy store, merchandise was mistakenly left in a bag or pocket.
- Good Faith Intention to Purchase: Evidence showing that the defendant intended to pay for the merchandise—such as witnesses who saw the individual at the checkout counter or surveillance footage showing the intent to pay—can help counter the presumption of theft.
Frequently Asked Questions (FAQ)
Q: What does “concealment of goods” mean under CRS § 18-4-406?
A: Concealment of goods refers to the act of deliberately hiding or obscuring unpurchased merchandise—whether on one’s person or in another manner—from view in a retail or mercantile setting. This behavior is treated as prima facie evidence of an intent to commit theft.
Q: What is meant by “prima facie evidence”?
A: Prima facie evidence is evidence that, unless rebutted, is sufficient to prove a particular proposition or fact. In the context of § 18-4-406, if a person conceals merchandise, it creates a presumption that they intended to steal. However, the defendant still has the opportunity to present evidence to counter this presumption.
Q: Does the statute automatically mean I’m guilty of theft if I conceal merchandise?
A: Not necessarily. While the act of concealment establishes a strong inference of intent to steal, the prosecution must still prove all elements of the theft charge beyond a reasonable doubt. Innocent explanations—such as accidental concealment or a genuine intent to pay—can be used as a defense.
Q: What are the potential penalties if I’m convicted under this statute?
A: The penalties depend on the value of the merchandise and other factors. For low-value items (under approximately $300), the offense may be classified as a petty offense with minimal jail time and fines. Higher values can lead to misdemeanor or felony charges with significantly harsher penalties, including lengthy prison terms and substantial fines.
Q: Can I be detained and questioned solely based on my concealment of goods?
A: Yes. Under Colorado law, if a person conceals merchandise, a merchant or law enforcement officer, acting on reasonable grounds, may detain and question the individual to determine whether they intended to commit theft. However, this questioning does not in itself create civil or criminal liability for the merchant or officer if done in good faith.
Q: What should I do if I’m detained under this statute?
A: If you are detained or questioned by store security or law enforcement under suspicion of shoplifting, it is advisable to remain calm and exercise your right to remain silent. Contacting an experienced criminal defense attorney as soon as possible can help protect your rights and ensure you receive proper legal representation.
Additional Resources
Colorado Petty Theft Class – This theft class is one that someone may be required to take as part of adjudication, deferment, or some other alternate punishment. Classes like these are expensive, but are often cheaper than incarceration.
Colorado Concealment of Goods Statute – Read the original statute for concealment of goods under state law. The original text of the statute may provide additional context or assistance in understanding Colorado’s legal statutes.
Hire an Attorney for Concealment of Goods in Denver, CO
No matter how confusing or distressing your situation may be, you deserve a dedicated legal advocate on your side. Our experienced Denver theft defense attorney at Law Office of Matthew A. Martin, P.C. has helped many clients facing charges under CRS § 18-4-406, ensuring that their rights are protected and their futures secured. Don’t face these allegations alone—let us build a strong defense to safeguard your reputation and livelihood.
Contact our office today at (303) 725-0017 to schedule your free initial consultation. Law Office of Matthew A. Martin, P.C. proudly serves clients throughout the greater Denver area, including Adams, Arapahoe, Douglas, Broomfield, and Boulder counties.