Understanding Theft Laws in Colorado

According to DDA, theft involves intentionally or fraudulently taking someone’s personal property without their consent [1].

The term “theft” is an umbrella term for a range of offenses including grand theft auto, possession of stolen property, or shoplifting. Although these crimes have varying penalties, they all share the common trait of taking another’s property without their permission with the intention to deprive them of it

While some theft acts are minor, others, such as burglary or robbery, can lead to felony charges, resulting in potential prison sentences, hefty fines, and restitution orders.

Under Colorado Revised Statutes § 18-4-401, a person commits theft by:

Having or obtaining control over someone else’s valuable property.
Using threats or deception to deprive another person of property.
Concealing, using, or abandoning property to permanently deprive the owner of its benefits.
Demanding a ransom in exchange for the property.

Colorado law recognizes various theft offenses, including grand theft auto, theft of rental property, theft by fraud or deceit, theft of medical records, theft of trade secrets, writing bad checks, and identity theft.

Multiple theft arrests within six months can lead to prosecutors combining the total value of stolen goods, known as the aggregated value, resulting in enhanced penalties.

For instance, stealing $400 in two separate incidents within six months could elevate the charge to a class 2 misdemeanor rather than a class 3 misdemeanor.

Misdemeanor and Petty Theft in Colorado

According to CDL, Colorado categorizes theft into three levels misdemeanors and petty theft based on the value of the stolen property or services [2].

Petty Theft in Colorado:

If the value of the stolen property or services is less than $300, it is classified as a petty offense. Penalties include up to 10 days in jail and a maximum fine of $300.

Class 2 Misdemeanor Theft in Colorado:

For stolen property or services valued between $300 and $1,000, it is a class 2 misdemeanor. This offense carries a maximum penalty of 120 days in jail and a fine of up to $750.

Class 1 Misdemeanor Theft in Colorado:

If the stolen property or services are valued between $1,000 and $2,000, it is a class 1 misdemeanor. The penalties include up to 364 days in jail and a maximum fine of $1,000.

Felony or Grand Theft in Colorado

Theft is classified as a felony in Colorado when the value of the stolen property or services reaches $2,000. Felony theft is divided into five classes:

Class 6 Felony Theft in Colorado:

For stolen property or services valued between $2,000 and $5,000, it is a class 6 felony. Penalties include up to 18 months in prison and a fine of up to $100,000.

Class 5 Felony Theft in Colorado:

If the value is between $5,000 and $20,000, it is a class 5 felony. This carries a maximum penalty of three years in prison and a fine of up to $100,000.

Class 4 Felony Theft in Colorado:

For stolen property or services valued between $20,000 and $100,000, it is a class 4 felony. Penalties include up to six years in prison and a fine of up to $500,000.

Class 3 Felony Theft in Colorado:

If the value is between $100,000 and $1,000,000, it is a class 3 felony. This offense carries a maximum penalty of 12 years in prison and a fine of up to $750,000.

Class 2 Felony Theft in Colorado:

For stolen property or services valued at $1,000,000 or more, it is a class 2 felony. Penalties include up to 24 years in prison and a fine of up to $1,000,000.

Requirements for Prosecution to Pursue Theft Charges

According to Shazam Law, for the prosecution to proceed with theft charges, they must prove two key elements: first, that the accused unlawfully took possession of the property, and second, that there was intent to permanently deprive the owner of that property [3]. Additionally, criminal charges can extend to individuals who did not directly commit the theft but failed to return stolen items.

Defenses Against Theft Charges

There are many defenses available for those who are accused of a theft crime. These can include duress, involuntary intoxication, an impaired mental condition, and insanity.

Age can also be a defense, as children under ten typically cannot be charged with theft crimes. The appropriate defense strategy depends on the specifics of the case, so consulting with legal counsel is crucial to protecting your rights and exploring all available options.

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References:
1. https://denversdefenseattorney.com/criminal-defense/theft/
2. https://www.criminaldefenselawyer.com/resources/criminal-defense/crime-penalties/petty-theft-colorado-penalties-defense
3. https://www.shazamlaw.com/articles/accused-of-theft-in-colorado-here-is-what-you-need-to-know/

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