Shoplifting
The common crime of shoplifting entails the physical theft of goods from stores, and falls under Colorado’s theft laws. This may include a grocery store, retail store or any other market. Shoplifting may be prosecuted as a petty crime, misdemeanor or felony conviction.
However, many large-brand stores like Target and Walmart do not prosecute for small amounts (<$200). Instead, many stores wait until someone has stolen enough to warrant a misdemeanor or felony conviction before prosecuting.
Denver Shoplifting Defense Attorney
Retail theft is extremely common. Denver lost about $1 billion in retail theft in 2023, and cities around the state are scrambling to stopper what appears to be a rise in retail crime. In this scramble, however, many innocent or petty criminals are caught in the crossfire, resulting in false accusations and harsh charges.
If you have been accused of shoplifting, you need to contact a strong theft defense attorney as soon as possible. The Law Office of Matthew Martin is ready to provide full representation to anyone accused of shoplifting, for both misdemeanor and felony offense cases.
Call now at (303) 725-0017 to set up your first consultation free of charge.
Information Center
- What is Shoplifting?
- Understanding the Prosecution Threshold
- Levels of Theft and Penalties
- Defenses for Shoplifting
- Additional Resources
- Hire a Shoplifting Lawyer
What is Shoplifting?
Shoplifting refers to taking merchandise from a store without paying. Like Colorado’s other theft laws, the accused must intend to “deprive” the owner of the item, which means to intentionally and permanently remove the item from the owner’s possession, without their permission.
Shoplifting includes:
- Taking items directly from the store
- Purchasing items, opening them and returning them to later repurchase at an open-box discount
- Returning items you did not purchase for money or store credit
- Changing price tags on items
Additionally, it is illegal pursuant to CRS § 18-4-406 to conceal unpurchased goods with the intent to steal them later. This includes hiding the goods on the person (such as in a pocket) or elsewhere in the store where employees cannot find them. Concealing goods constitutes prima facie evidence for theft.
Prosecution Threshold
Many stores practice what is known as the “prosecution threshold,” an invisible tally where stores begin to prosecute suspected thieves. This threshold lies at the felony theft level. In Colorado, this is $2,000.
Stores maintain files on suspected shoplifters, including mugshots, suspected property stolen and dates the theft occurred. These stores often wait until the thief has taken $2,000 worth of property before notifying the police. This enables the store to ensure the thief will actually be prosecuted by police, who often deprioritize misdemeanor theft.
Levels of Theft and Penalties
Colorado’s theft statutes, outlined in CRS 18-4-401, outline the various levels of theft:
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
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
Defenses for Shoplifting
There are a few defenses that your lawyer may use to defend you against shoplifting. Additionally, the majority of shoplifting cases will be levied by smaller businesses, not by big-box stores like Walmart or Target.
- Mistaken Identity – The way you were identified as a shoplifter may be problematic. If another person who actually stole an item left the store at the same time as you and set off the alarms, you may end up being arrested instead. Additionally, you may look similar to another person that stole merchandise. In this case, your lawyer will look to prove that you were mistakenly identified as the shoplifting.
- Lack of intent – In some cases, people may end up not paying for 1 or 2 items. This is most common when using self-checkout, and can happen as a result of equipment malfunction or basic human error (absence of mind, forgetting to pay). Theft requires intent – if you did not intend to steal the item, then you are not liable for theft charges. However, repeatedly forgetting to pay for items may lead stores, and the court, to believe that the theft was intentional and may result in full prosecution or being banned from that store.
Additional Resources
Aurora cracks down on retail theft – Some cities have begun cracking down on retail theft by introducing new minimum penalties and shifting the prosecution threshold. Aurora has done this by making the minimum penalty for retail theft 3 nights in jail, and the minimum penalty for repeat retail theft 90 days in jail.
Shoplifting trends – The Council on Criminal Justice provides statistics on organized retail theft across the U.S. The report shows incidents of retail theft in the year 2023, as well as the average value of stolen goods, which CCJ shows to be $756, up from $184 in 2019.
Hire a Shoplifting Lawyer
Call now at (303) 725-0017 to set up your first consultation free of charge.
Matthew Martin accepts clients throughout the greater Denver area and surrounding counties including Douglas County, Broomfield County, Jefferson County, Adams County, and Arapahoe County.