The Difference Between Misdemeanor and Felony Theft in Colorado

Theft charges in Colorado depend on the value of the property taken, how the alleged theft happened, whether a weapon was used, and whether the defendant has a prior criminal record. If you’re charged with theft in Colorado, speak at once with a Denver criminal defense lawyer.

What are the different theft charges in Colorado? How are convictions penalized? What are the defenses against a theft charge? If you’ll continue reading, you’ll learn the details about theft in Colorado, and you’ll also learn more about your rights if you are charged with a theft crime.

WHAT CONSTITUTES THEFT UNDER COLORADO LAW?

It’s helpful to start with definitions. Colorado statutes define theft as what happens when a person “knowingly obtains or exercises control over” cash, property, or services belonging to another, without that owner’s permission, combined with any of the following:

1. meaning to deprive that owner of the cash, property, or services permanently
2. knowingly using, abandoning, or concealing the property
3. demanding payment as a condition of restoring the property to the owner

DOES THEFT INCLUDE ROBBERY OR BURGLARY?

Theft in Colorado is distinct from robbery, which is defined as taking anything of value directly from another person or in another person’s presence by the use of force, threats, or intimidation. All robberies in Colorado are charged as felonies.

Theft in Colorado is also distinct from burglary, which is knowingly entering or unlawfully remaining on someone else’s property with the intent to commit a crime other than trespassing. All burglaries in Colorado are also charged as felonies.

Nevertheless, Colorado has more theft laws and theft charges than most states. Separate laws in Colorado address the theft of rental property, trade secrets, motor vehicles, ski lift tickets, fuel, newspapers, audio recordings, cable TV services, and public transportation services.

WHEN IS THEFT A PETTY OFFENSE?

Like most states, most theft crimes are either misdemeanors or felonies in Colorado, depending on the value of what was stolen and the details of the theft incident.

The theft of cash, property, or services valued at below $50 is a “petty offense” – neither a felony nor a misdemeanor – and a conviction may be penalized with up to 6 months in jail and/or a fine of up to $500 and/or an order to pay restitution to the theft victim.

WHAT ARE COLORADO’S MISDEMEANOR THEFT CHARGES?

What follows are the misdemeanor theft charges – and the penalties for convictions – under Colorado law:

1. Class 3 misdemeanor theft is the theft of cash, property or services valued at $50 or more but less than $300. A conviction may be penalized with up to 6 months in jail and/or $50 to $750 in fines.

2. Class 2 misdemeanor theft is the theft of cash, property or services valued at $300 or more but less than $750. A conviction may be penalized with 3 to 12 months in jail and/or $250 to $1,000 in fines.

3. Class 1 misdemeanor theft is the theft of cash, property or services valued at $750 or more but less than $2,000. A conviction may be penalized with 6 to 18 months in jail and/or $500 to $5,000 in fines.

WHAT ARE COLORADO’S FELONY THEFT CHARGES?

Felony theft charges in the State of Colorado – and the penalties for felony theft convictions – are:

1. Class 6 felony theft is the theft of cash, property or services valued at $2,000 or more but less than $5,000. A conviction may be penalized with 12 to 18 months in prison and/or $1,000 to $100,000 in fines.

2. Class 5 felony theft is the theft of cash, property or services valued at $5,000 or more but less than $20,000. A conviction may be penalized with 1 to 3 years in prison and/or $1,000 to $100,000 in fines.

3. Class 4 felony theft is the theft of cash, property or services valued at $20,000 or more but less than $100,000. A conviction may be penalized with 2 to 6 years in prison and/or $2,000 to $500,000 in fines.

4. Class 3 felony theft is the theft of cash, property or services valued at $100,000 or more but less than $1,000,000. A conviction may be penalized with 4 to 12 years in prison and/or $3,000 to $750,000 in fines.

5. Class 2 felony theft is the theft of cash, property or services valued at $1,000,000 or more. A conviction may be penalized with 8 to 24 years in prison and/or $5,000 to $1,000,000 in fines.

It is always a felony in Colorado to pickpocket or steal from a disabled or elderly person, even if the value of the stolen cash, property or services is below $2,000.

WHAT ABOUT SHOPLIFTING?

Under Colorado law, anyone convicted of felony-level shoplifting who already has two felony-level shoplifting convictions within the last four years must serve at least the minimum sentence and will not be eligible for probation or a suspended sentence.

Along with criminal penalties, anyone who commits shoplifting in Colorado (or the parent or legal guardian if the shoplifter is a minor) may be held liable to the store for actual damages – plus a punitive damages penalty of $100 to $250 payable to the store owner.

WHAT ARE THE EXTRA-LEGAL CONSEQUENCES OF A THEFT CONVICTION?

Any theft conviction will have extra-legal repercussions. Many employers are understandably unwilling to hire (or retain) anyone who has a recent theft conviction.

If you hold a professional license in Colorado, a theft conviction could trigger disciplinary action by your professional licensing board. If you are an immigrant in this state, a theft conviction – especially a felony conviction – may trigger a deportation proceeding.

YOU MUST BE REPRESENTED BY THE RIGHT DEFENSE ATTORNEY

If you are charged with any theft in the state of Colorado, do not go to court without the advice and services of a Denver criminal defense lawyer. Do not try to act as your own domestic violence attorney. The law is too complicated, too much will be at stake, and anything you say could be used against you.

The right DUI attorney will examine the details of the theft charge against you, explain your legal rights and options, and fight aggressively for the justice you need. If the charge cannot be dropped by the prosecutor or dismissed by the court, you have the right to a trial by jury.

Whether you are innocent or guilty of a theft charge in Colorado, the assistance of a good criminal defense attorney is also your right.