Published by Table Of Contents
- Understanding Theft Laws in Colorado
- Theft Classifications and Penalties in Colorado
- Special Theft Categories & Extended Statutes of Limitations
- How Long Do Prosecutors Have to File Theft Charges in Colorado?
- Are There Any Exceptions That Extend the Deadline?
- What’s Needed to Press Theft Charges? Key Elements & Evidence
- Defense Strategies Against Theft Charges in Colorado
- What to Do Immediately After a Theft
- Get a Free Lawsuit Evaluation With Our Lawyers
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.
Theft Classifications and Penalties in Colorado
Colorado categorizes theft offenses based on the value of stolen property or services. Penalties range from minor fines to lengthy prison sentences.
According to CDL, Colorado categorizes theft into three levels misdemeanors and petty theft based on the value of the stolen property or services [2].
Misdemeanor & Petty Theft in Colorado
Misdemeanor and petty theft involve stolen property valued under $2,000. These offenses generally result in short-term incarceration, fines, or probation, rather than long-term imprisonment.
Petty Theft (Under $300)
- Classification: Petty offense
- Penalty: Up to 10 days in jail and a fine of up to $300
- Statute of Limitations: 6 months
Class 2 Misdemeanor Theft ($300 – $1,000)
- Classification: Class 2 misdemeanor
- Penalty: Up to 120 days in jail and a fine of up to $750
- Statute of Limitations: 18 months
Class 1 Misdemeanor Theft ($1,000 – $2,000)
- Classification: Class 1 misdemeanor
- Penalty: Up to 364 days in jail and a fine of up to $1,000
- Statute of Limitations: 18 months
Felony Theft (Grand Theft) in Colorado
Felony theft occurs when the stolen property or services exceed $2,000 in value. These offenses carry longer prison sentences, larger fines, and extended prosecution windows.
Class 6 Felony Theft ($2,000 – $5,000)
- Penalty: Up to 18 months in prison
- Fine: Up to $100,000
- Statute of Limitations: 3 years
Class 5 Felony Theft ($5,000 – $20,000)
- Penalty: Up to 3 years in prison
- Fine: Up to $100,000
- Statute of Limitations: 3 years
Class 4 Felony Theft ($20,000 – $100,000)
- Penalty: Up to 6 years in prison
- Fine: Up to $500,000
- Statute of Limitations: 3 years
Class 3 Felony Theft ($100,000 – $1,000,000)
- Penalty: Up to 12 years in prison
- Fine: Up to $750,000
- Statute of Limitations: 5 years
Class 2 Felony Theft ($1,000,000+)
- Penalty: Up to 24 years in prison
- Fine: Up to $1,000,000
- Statute of Limitations: 5 years
Special Theft Categories & Extended Statutes of Limitations
Some forms of theft involve additional legal complexities, requiring longer deadlines for prosecutors to file charges.
Auto Theft
Stealing a vehicle, regardless of its value, is classified as a felony in Colorado.
- Classification: Generally, a Class 5 felony, but higher-value vehicles can lead to Class 3 or Class 2 felony charges.
- Statute of Limitations: 3 years for most cases, but 5 years if the stolen vehicle is valued over $100,000.
Identity Theft
Using another person’s personal information, credit cards, or social security number for fraudulent purposes.
- Classification: Class 4 felony.
- Statute of Limitations: 5 years, but extended further if the fraud involves multiple victims or occurs across jurisdictions.
Shoplifting
Taking merchandise without paying, commonly occurring in retail stores.
- Classification:
- Under $2,000 → Misdemeanor theft
- Over $2,000 → Felony theft
- Statute of Limitations: 6 months (petty offenses), 18 months (misdemeanors), 3 years (felonies).
Public Funds Theft
Any theft involving government funds or taxpayer money, including embezzlement or misuse of public resources.
- Classification: Felony (classification depends on the amount stolen).
- Statute of Limitations: 5 years, regardless of the amount stolen.
By understanding how theft classifications affect penalties and legal deadlines, individuals accused of theft can better prepare for their legal options while victims and law enforcement can act swiftly to seek justice.
How Long Do Prosecutors Have to File Theft Charges in Colorado?
Understanding the statute of limitations for theft in Colorado is crucial for both defendants and prosecutors. These legal deadlines dictate how long authorities have to file charges after a crime is discovered.
The timeline is not based on when the theft occurred but rather when it was discovered, a principle known as the discovery rule.
When Does the Clock Start?
The statute of limitations begins on the date of discovery, which means:
- Theft Date vs. Discovery Date: The limitation period does not start when the theft occurs but when law enforcement or victims become aware of it.
- Ongoing Crimes: If theft happens over time—such as in embezzlement cases—each act may have its own statute of limitations, making prosecution timelines more complex.
- Hidden Crimes: If a crime was intentionally concealed, this does not pause the statute but can delay the discovery, affecting how long authorities have to take action.
This distinction between the theft date and the discovery date ensures that individuals committing theft cannot evade prosecution simply by delaying detection.
However, in certain situations, the law allows for extensions to the standard statute of limitations, providing prosecutors with additional time to file charges.
Are There Any Exceptions That Extend the Deadline?
In most cases, once the statute of limitations begins, it runs without interruption. However, certain situations pause (toll) or extend the deadline, allowing prosecutors more time to file charges.
While serious crimes such as murder and sex offenses against children have no statute of limitations, theft cases may also have exceptions that prolong legal deadlines in specific circumstances.
1. Defendant is Out of State
- Extension Rule: If the accused leaves Colorado before charges are filed, the statute of limitations may be paused until they return.
- Reasoning: Prosecutors cannot proceed with legal action if the defendant is not within the state’s jurisdiction.
- Example: A person commits grand theft and moves to Texas for five years. If the statute of limitations was initially three years, it would be paused while they are out of state, restarting upon their return to Colorado.
2. Ongoing Theft (Continuous Offenses)
- Extension Rule: When theft occurs over an extended period, the statute of limitations may not start until the final act of theft is discovered.
- Reasoning: In cases like embezzlement or ongoing fraud, each new act of theft is considered part of a continuous crime.
- Example: An accountant secretly steals from a company over seven years. If discovered in year seven, the statute of limitations begins at the time of discovery—not the first act of theft.
3. Fraudulent Concealment (Hiding Evidence of the Crime)
- Extension Rule: If a thief takes deliberate steps to conceal the crime, the statute of limitations may be extended.
- Reasoning: Fraudulent concealment prevents authorities from discovering the theft in a timely manner, making it unfair to enforce standard deadlines.
- Example: A contractor overbills clients for services never rendered but manipulates invoices and records to hide the fraud. The statute of limitations would not begin until the fraud is uncovered.
4. Minor Victims (Victim is Under 18)
- Extension Rule: If the victim of a theft is a minor, the statute of limitations does not begin until they turn 18.
- Reasoning: Minors may not have the legal awareness or ability to report theft immediately, so the law protects them by allowing prosecution later.
- Example: A financial guardian steals from a child’s inheritance when they are 15 years old. The statute of limitations begins when the child turns 18, extending the filing period beyond standard deadlines.
5. Government Property Theft
- Extension Rule: Theft of public funds or government property carries an extended statute of limitations—typically five years, regardless of the amount stolen.
- Reasoning: Crimes against the government are treated more seriously, as they involve taxpayer money or public assets.
- Example: A city employee steals $50,000 in taxpayer funds. Unlike standard felony theft (three-year statute of limitations), government theft allows for prosecution up to five years after discovery.
By recognizing these key exceptions, individuals involved in theft cases can better assess legal risks and potential defenses while ensuring justice is pursued within the correct legal timeframes.
How Long Do Prosecutors Have?
The time limits for filing theft charges in Colorado vary based on the value of the stolen property and the level of offense:
| Theft Category | Stolen Value | Deadline to File Charges |
|---|---|---|
| Petty Theft | Less than $300 | 6 months from discovery |
| Misdemeanor Theft | $300 – $2,000 | 18 months from discovery |
| Felony Theft | $2,000+ | 3 years from discovery |
These timeframes ensure that legal action is pursued promptly, while also protecting defendants from facing charges based on outdated evidence. If charges are not filed within the set period, the defendant cannot be prosecuted for that offense.
What’s Needed to Press Theft Charges? Key Elements & Evidence
For the prosecution to successfully pursue theft charges in Colorado, they must establish two essential elements:
- Unlawful Taking – The accused must have taken possession of someone else’s property without legal authorization.
- Intent to Permanently Deprive – The prosecution must demonstrate that the accused intended to keep the property or prevent the rightful owner from retrieving it.
Beyond these foundational requirements, additional factors strengthen a case.
Theft charges can also extend to individuals who knowingly possess stolen property but fail to return it, even if they were not directly involved in the initial crime.
To build a strong case, law enforcement and prosecutors rely on comprehensive documentation and preserved evidence, including:
1. Police and Incident Reports
- A detailed police report should be filed as soon as possible after discovering the theft.
- Business or institutional reports (if applicable) provide internal documentation of missing assets.
Prompt reporting helps ensure key evidence is preserved, and witness memories remain fresh.
2. Surveillance and Physical Evidence
- Security footage from businesses, homes, or public spaces can capture the crime in action.
- Physical evidence, such as fingerprints or stolen goods found in possession of the accused, can directly link suspects to the crime.
3. Witness Testimonies
- Statements from individuals who saw the theft occur or interacted with the accused before or after the incident.
- Witnesses should be interviewed immediately to ensure accuracy and prevent memory deterioration.
4. Financial and Transaction Records
- Bank statements, invoices, or financial logs help establish theft patterns in cases of fraud or embezzlement.
- In retail theft, point-of-sale records or purchase receipts can confirm the stolen property’s value and ownership.
5. Digital & Electronic Evidence
- Text messages, emails, or online communications indicating intent to commit theft.
- Social media activity, such as posts bragging about stolen items, can serve as self-incriminating evidence.
6. Recovery of Stolen Items
- If stolen property is found in someone’s possession, but they claim they didn’t steal it, prosecutors can still charge them if they failed to return it knowing it was stolen.
- This applies to individuals who buy, receive, or hold stolen goods without attempting to notify authorities or return them.
Building a solid theft case requires immediate action, proper documentation, and strong supporting evidence.
Law enforcement encourages victims and businesses to report theft quickly, ensuring that investigators have access to clear evidence and reliable witness accounts to support a successful prosecution.
Defense Strategies Against Theft Charges in Colorado
When facing theft charges, understanding the right defense strategy can make a significant difference in the outcome of your case.
A strong defense may involve challenging the prosecution’s evidence, proving a lack of intent, or utilizing procedural deadlines to dismiss charges.
Below are key defense approaches, categorized into traditional defenses and deadline-related defenses that focus on statute of limitations concerns.
Traditional Defenses
Defendants can argue that they lacked intent, were coerced, or had an impaired ability to understand their actions.
Some of the most common traditional defenses include:
- Duress: The accused was forced into committing the crime under threat of immediate harm or death.
- Involuntary Intoxication: The accused was unknowingly drugged or intoxicated and was unable to form criminal intent.
- Impaired Mental Condition: If a diagnosed mental disorder significantly impaired the ability to understand or control one’s actions, this could be a valid defense.
- Insanity: A complete defense where the defendant, due to severe mental illness, did not understand the difference between right and wrong at the time of the theft.
- Age Defense: Children under 10 years old are typically not legally capable of being charged with theft crimes, as they are presumed unable to form criminal intent.
While these defenses focus on the defendant’s state of mind, procedural defenses—those based on legal deadlines—can also be highly effective in certain cases.
In addition to proving innocence, a defendant may challenge theft charges by highlighting procedural issues, such as filing delays or expired time limits under Colorado law.
These deadline-related defenses include:
1. The Discovery Rule
Prosecutors must file charges based on when a theft was discovered, not when it occurred. If there was a delay in discovery, the statute of limitations clock might expire before charges are filed, leading to case dismissal.
Example: If a stolen item is recovered four years after the theft, but the statute of limitations is three years, the defendant could argue that the prosecution is barred from proceeding.
2. Fraudulent Concealment
In cases where theft was hidden or disguised, the deadline to file charges might be extended. However, if the concealment was not intentional, a defense can be raised that the statute of limitations still applies from the original theft date.
3. The Continuing Violation Doctrine
In crimes involving ongoing theft or embezzlement, each act may have its own statute of limitations. A defendant could argue that charges should be based on the earliest date in the theft timeline, not the last incident, which could reduce the total number of prosecutable offenses.
4. Equitable Tolling (Extenuating Circumstances)
Courts rarely pause the statute of limitations, but in extraordinary circumstances (such as if a defendant was imprisoned abroad or legally incapacitated), the clock may be extended.
Defendants can challenge tolling requests by proving that the delay was not beyond the prosecution’s control.
5. Agreed Extensions (Defendant-Prosecution Agreements)
In some cases, both parties agree to extend deadlines through written agreements or court orders. If a defendant never consented to an extension, they can argue that the prosecution missed the filing deadline.
Why Consulting a Lawyer is Crucial
Each theft case is unique, and different legal strategies apply depending on the details. Whether using a traditional defense (such as proving lack of intent) or a procedural defense (such as statute of limitations expiration), working with an experienced attorney is essential for building a strong case.
A lawyer can analyze the specifics of the charges, gather evidence, and determine the best approach to either reduce penalties or get the case dismissed entirely.
By understanding these legal defenses, defendants can better navigate the complexities of theft cases and protect their rights under Colorado law.
What to Do Immediately After a Theft
Taking swift action after a theft is critical to recovering losses and ensuring the legal process moves forward.
The steps you take right away can impact the chances of retrieving stolen property, filing a successful claim, or holding the responsible party accountable.
Step 1: Record and Document the Theft
Before contacting authorities, gather as much information as possible about what was stolen and how the theft occurred. Proper documentation will strengthen your case with law enforcement and insurance providers.
- Make a List of Stolen Items: Write down each stolen item, including a description, estimated value, and any identifying details such as serial numbers.
- Take Photos of the Scene: If there are signs of forced entry, damaged property, or any other evidence of theft, photograph them immediately. These images serve as important proof of the incident.
Step 2: Report the Theft to Law Enforcement
Filing a police report is crucial for legal action, insurance claims, and potential prosecution. Without an official report, recovering your losses becomes significantly harder.
- Contact Local Authorities: Call the police as soon as possible and provide all relevant details about the theft. The sooner you report, the higher the chance of retrieving stolen property.
- Submit Your Documentation: Share your list of stolen items and any photos with the police. If applicable, include receipts or proof of ownership.
- Request a Copy of the Report: Having a copy of the police report is essential for insurance claims and legal proceedings.
Step 3: Secure and Preserve Evidence
Gathering and protecting evidence can help law enforcement identify suspects and build a stronger case.
- Check for Surveillance Footage: If the theft occurred in a location with security cameras, obtain footage as soon as possible before it is overwritten.
- Collect Witness Statements: If anyone saw the theft or suspicious activity, ask them to provide a statement. Eyewitness testimony can be valuable in investigations.
- Save Digital Evidence: If the theft involved online transactions, fraudulent messages, or identity theft, save all relevant emails, text messages, or transaction records.
Step 4: Contact Your Insurance Provider
If your stolen property is covered under home, renters, or business insurance, filing a claim quickly can help with financial recovery.
- Notify Your Insurance Company: Provide details of the theft, including the police report and a list of stolen items.
- Follow Their Claims Process: Different policies have varying requirements, so be sure to submit all requested documents promptly.
- Keep Copies of All Correspondence: Maintain records of all interactions with your insurance provider, including claim numbers, emails, and phone conversations.
Step 5: Maintain Records and Track Case Progress
Once the theft has been reported, staying organized and following up is important to ensure the case progresses.
-
Store All Theft-Related Documents Safely: Keep physical and digital copies of police reports, insurance claims, receipts, and any communications regarding the case.
-
Monitor Law Enforcement Updates: Follow up with the investigating officers for case developments and any additional evidence they may need.
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Stay Aware of Legal Timeframes: Colorado law sets strict deadlines for theft-related prosecutions, meaning action must be taken within specific timeframes.
- Petty Theft (Under $300): Charges must be filed within 6 months of discovery.
- Misdemeanor Theft ($300 – $2,000): Prosecutors have 18 months from discovery to file charges.
- Felony Theft (Over $2,000): Charges must be filed within 3 years of discovery, except in special cases where extended statutes apply.
The sooner you take action after a theft, the better your chances of recovering stolen property, securing legal protection, and minimizing financial losses. Delays in reporting or gathering evidence can weaken both criminal cases and insurance claims.
By following these steps and keeping detailed records, you can help ensure that justice is pursued within the legal time limits.
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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/