Theft and Shoplifting Lawyers in Colorado Springs

Colorado has one theft statute. Shoplifting, taking something by deception, keeping property you were trusted with, and receiving property you know is stolen are all charged as theft. The prosecution has to prove you meant to deprive the owner of it permanently, and the value of what was taken sets the level of the charge.

How value sets the charge

• Under $300: petty offense
• $300 to under $1,000: class 2 misdemeanor
• $1,000 to under $2,000: class 1 misdemeanor
• $2,000 to under $5,000: class 6 felony
• $5,000 to under $20,000: class 5 felony
• $20,000 to under $100,000: class 4 felony
• $100,000 to under $1 million: class 3 felony
• $1 million or more: class 2 felony

How the value was calculated is often open to dispute, particularly for used or damaged property, and a lower figure can move a case from a felony to a misdemeanor.

Theft directly from a person, such as a pickpocketing, is a class 5 felony whatever the value, as long as no force or threat was used. With force or threats, the charge is robbery, which is a different and more serious offense.

Adding thefts together

When someone is accused of more than one theft within six months, or of a series of thefts from the same person as part of one scheme, the prosecution can add the values together and charge a single theft at the higher level. This is common in employee theft and in cases involving several visits to the same store.

Shoplifting

Most shoplifting cases are low-value thefts, and many can be resolved without a conviction through diversion or a deferred judgment. They are still worth taking seriously. Employers, licensing boards, and immigration authorities treat theft as a crime of dishonesty, so a theft conviction can cost more than offenses that sound more serious.

Keeping it off your record

A dismissed theft case is sealed automatically. Most theft convictions can be sealed after a waiting period: one year for a petty offense, two years for a class 2 misdemeanor, and three years for a class 1 misdemeanor or a class 4, 5, or 6 felony. See record sealing.

How we handle theft cases

We look at the evidence of intent, the store or employer’s video and records, and how the value was calculated. Where aggregation has pushed a case into felony territory, we test whether the thefts can properly be joined. Where the facts support it, we pursue diversion or a deferred judgment that keeps a conviction off your record.