Types of Theft and Their Charges
Jan. 29, 2025
In Boulder, Colorado, theft is a criminal offense that encompasses a wide range of unlawful activities involving the unauthorized taking of someone else’s property. The severity of theft charges depends on factors such as the value of the stolen items and the circumstances surrounding the offense.
From petty theft to felony-level grand theft, each type carries different legal consequences, including fines, probation, or imprisonment. Understanding the classifications and potential penalties of theft charges in Colorado can help individuals manage the legal system more effectively and prepare a defense when facing such accusations.
As a criminal defense lawyer in Boulder, Colorado, I’ve worked on many cases involving theft charges. Theft is a broad category under Colorado law, encompassing various acts of taking or withholding another’s property without consent. Each type of theft has unique characteristics, legal definitions, and associated penalties.
Contact Watkins Law Firm LLC if you need legal representation.
What Is Theft Under Colorado Law?
Theft occurs when someone intentionally takes or retains control of property belonging to another person without permission and with the intent to permanently deprive them of it. In Colorado, theft charges are categorized based on the value of the stolen property and the circumstances of the offense. These charges range from petty offenses to serious felonies.
Under Colorado Revised Statutes § 18-4-401, theft is not limited to physical goods. It can also involve services, trade secrets, or intangible assets. This definition allows the law to cover a wide variety of scenarios, making sure that victims have legal recourse.
Types of Theft in Colorado
Petty Theft
Petty theft involves stolen property valued at less than $300. It is considered a petty offense and typically results in lighter penalties compared to other forms of theft. A conviction can lead to fines and possibly up to six months in jail, though first-time offenders may receive alternative sentencing options, such as probation.
While petty theft may seem minor, it’s still a criminal offense that leaves a permanent mark on one’s record. In criminal defense, minimizing the impact of such charges is crucial for preserving a client’s future opportunities.
Misdemeanor Theft
When the value of the stolen property falls between $300 and $2,000, it’s classified as misdemeanor theft. Colorado divides misdemeanor theft into three classes:
Class 3 misdemeanor: Theft of property valued between $300 and $999. Penalties can include fines of up to $750 and up to six months in jail.
Class 2 misdemeanor: Theft of property valued between $1,000 and $1,999. Penalties include up to one year in jail and fines of up to $1,000.
Theft charges at the misdemeanor level can still have long-term consequences, particularly when it comes to employment or housing opportunities.
Felony Theft
Felony theft involves property valued at $2,000 or more. The severity of the felony increases as the value of the stolen property rises. Felony theft charges can result in significant prison time and steep fines. Colorado’s felony theft categories include:
Class 6 felony: Theft of property valued between $2,000 and $4,999, carrying penalties of up to 1.5 years in prison.
Class 5 felony: Theft valued between $5,000 and $19,999, with penalties including up to 3 years in prison.
Class 4 felony: Theft valued between $20,000 and $99,999, punishable by up to 6 years in prison.
Class 3 felony: Theft exceeding $100,000 in value, with penalties of up to 12 years in prison.
Felony theft convictions can severely limit a person’s rights, such as the ability to vote or own firearms, and result in long-term social stigma. That’s why securing legal defense is so essential. A felony can drastically change your life, so you’ll need a lawyer on your side.
Aggravating Factors in Theft Cases
Certain factors can elevate a theft charge, making the penalties more severe. These include:
Use of deception or fraud: Cases where the theft involved misrepresentation or deceit.
Theft from at-risk individuals: Stealing from someone who is elderly or disabled can lead to harsher charges.
Prior convictions: Repeat offenders often face stricter sentencing guidelines.
Use of weapons: If a weapon is involved in the theft, additional charges like robbery or aggravated theft may apply.
These aggravating circumstances are critical to consider in any criminal defense strategy, as they often dictate how prosecutors approach a case.
Additional Types of Theft Recognized in Colorado
Shoplifting
Shoplifting is one of the most common theft offenses. Colorado’s laws treat shoplifting based on the value of the stolen items. Even minor incidents can lead to significant penalties, including fines and community service. Retail establishments often press charges to deter future incidents, making a strong criminal defense essential for those accused.
Identity Theft
Identity theft involves the unauthorized use of someone’s personal information to commit fraud. In Colorado, this is a Class 4 felony with penalties including prison time and hefty fines. Common scenarios include using stolen credit card information or forging documents to obtain financial benefits. Identity theft is considered a serious crime due to its far-reaching impact on victims.
Auto Theft
Auto theft includes stealing or unlawfully taking control of a motor vehicle. Colorado’s “joyriding” law addresses cases where a person temporarily uses a vehicle without permission but doesn’t intend to permanently keep it. Auto theft can range from a misdemeanor to a felony, depending on the vehicle’s value and the circumstances.
The Importance of a Skilled Criminal Defense
Facing theft charges in Colorado can feel overwhelming, but having an experienced lawyer makes all the difference. Over the years, I’ve helped clients challenge evidence, negotiate reduced charges, and even secure dismissals in some cases. Building a solid defense often involves:
Examining evidence: Reviewing surveillance footage, witness statements, and other evidence for inaccuracies.
Proving lack of intent: Demonstrating that the accused didn’t intend to permanently deprive the owner of their property.
Negotiating plea deals: Working with prosecutors to reduce charges or penalties in exchange for a guilty plea.
Challenging procedural errors: Making sure law enforcement followed proper protocols during the investigation and arrest.
The goal of criminal defense isn’t just to address immediate charges but also to protect a client’s long-term future.
What to Do If You’re Accused of Theft
If you’re facing theft charges, it’s crucial to act quickly and make informed decisions. Here are some steps you can take:
Avoid self-incrimination: Don’t discuss the case with anyone except your lawyer. Anything you say can be used against you in court.
Document everything: Keep records of interactions with law enforcement or accusers.
Contact a lawyer: Reach out to a criminal defense attorney experienced in Colorado law.
Understand the charges: Familiarize yourself with the specific charges against you and their potential consequences.
Taking these steps can help you build a stronger defense and avoid unnecessary pitfalls.
My Office Can Help, So Call Today
If you’re dealing with theft charges, Watkins Law Firm LLC is here to provide the support and guidance you need. I serve Boulder, Colorado, as well as Longmont, Louisville, Lafayette, and Broomfield. I’ve handled cases across the spectrum, from petty theft to felony-level offenses. With the right legal representation, you can take steps toward resolution. If you’re ready to take control of your case, reach out for a consultation from Watkins Law Firm LLC today.