Although there are various degrees of theft, Colorado takes them all seriously. Being charged with theft could mean spending time in jail or prison or having to pay hundreds of thousands of dollars in fines and restitution. Below, learn more about how theft is classified in Colorado and how a Colorado theft defense lawyer can help defend you against any charges you’re facing.
Ask a theft attorney: What constitutes theft under Colorado law?
According to C.R.S. § 18-4-401: “theft” occurs whenever someone “knowingly obtains or exercises control over” anything of value belonging to another person. Theft must be either by deception or without permission, and the person being accused must have intended to permanently deprive the owner of the property. (In other words, borrowing an item is not considered theft unless the prosecutor can show that the accused intended to keep the item permanently.)
The most commonly known types of theft are shoplifting and petty theft. But there are many other theft charges that can require you to seek the services of a theft attorney, including:
- The theft of trade secrets
- The theft of medical records
- The theft of cable TV service, electricity, or other utilities
- The theft of public transportation services, either by sneaking onto public transportation without paying or by using a fraudulent payment method
An experienced theft defense lawyer can work with you to dig into the facts of your case through the discovery process, determine what the prosecutor will need to prove to get a conviction, and help you build the strongest defense possible.
Ask a theft attorney: What are the different levels of theft?
The value of the items stolen will dictate whether the theft is charged as a misdemeanor or a felony. Both types of crime are serious, but felonies are generally punished with a much longer sentence and a heftier fine.
Misdemeanor theft (“petty theft”)
Misdemeanor theft ranges from a Class 1 petty offense (the least serious) to a Class 1 misdemeanor (the most serious).
- A class 1 petty offense involves items or services valued at less than $50. The offender can face up to 6 months in jail and a fine of up to $500.
- A class 3 misdemeanor involves items or services valued at more than $50 but less than $300. The offender can face up to 6 months in jail and a fine of up to $750.
- A class 2 misdemeanor involves items or services valued at more than $300 but less than $750. The offender can face up to 1 year in jail and a fine of up to $1,000.
- A class 1 misdemeanor involves items or services valued at more than $750 but less than $2,000. The offender can face up to 18 months in jail and a fine of up to $5,000.
Although it may sometimes be simple to assess the value of stolen items—particularly when the items are shoplifted and clearly marked with a price tag—in other cases, this can be a tougher inquiry. Antique or one-of-a-kind items may need to be appraised, or prosecutors may need to investigate the current sale price of similar items to pin a value on the stolen items.
Felony theft (“grand theft”)
As with misdemeanors, the class a felony theft falls into will depend on the value of the item or service that was stolen.
- A class 6 felony involves items or services valued at more than $2,000 but less than $5,000. The offender can face up to 18 months in prison and a fine of up to $100,000.
- A class 5 felony involves items or services valued at more than $5,000 but less than $20,000. The offender can face up to 3 years in prison and a fine of up to $100,000.
- A class 4 felony involves items or services valued at more than $20,000 but less than $100,000. The offender can face up to 6 years in prison and a fine of up to $500,000.
- A class 3 felony involves items or services valued at more than $100,000 but less than $1 million. The offender can face up to 12 years in prison and a fine of up to $750,000.
- A class 2 felony involves items or services valued at more than $1 million. The offender can face up to 24 years in prison and a fine of up to $1 million.
How can a Colorado theft attorney help defend you against charges?
The potential penalties for a theft conviction can have a major impact on your present life and your future. The $2,000 threshold for felony theft can also be easy to meet, particularly if the items that were stolen are unique. A theft attorney with experience in these types of cases can evaluate which defenses may be available and map out your options, ensuring that you can make an informed decision about your future.
If you’re facing theft charges, it’s crucial to enlist the help of a theft defense attorney as quickly as possible to ensure that you’re fully informed of the charges against you. Real-life criminal proceedings are much different than the ones seen on television, and without a theft attorney by your side, you could find yourself at a major disadvantage when it comes to presenting your defense. At Miller & Steiert, our team of attorneys has extensive experience in Colorado theft law, and we’re devoted to the defense of our clients. Explore our website to learn more about the services we offer.
