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Facing theft charges in Colorado is a serious matter that can lead to significant legal consequences, including fines, imprisonment, and a permanent criminal record.

Whether you’re accused of shoplifting, embezzlement, or any other form of theft, understanding your rights and knowing how to build a strong defense is crucial. This blog post will explore the key aspects of theft charges in Colorado and outline strategies for defending against them.

Understanding Theft Charges in Colorado

Theft in Colorado is defined as knowingly obtaining, using, or taking another person’s property without permission and with the intent to permanently deprive the owner of its use or value. The severity of theft charges depends on the value of the stolen property.

Petty Theft (Petty Offense) involves property valued at less than $300. Penalties for petty theft can include fines, community service, and up to 10 days in jail.

Misdemeanor Theft applies to property valued between $300 and $2,000. Penalties may include fines and depending on the misdemeanor class, up to either 120 days in jail or up to 364 days in jail.

Felony Theft involves property valued at over $2,000. Depending on the value, penalties for felony theft can range from one to 24 years in prison, along with significant fines.

Theft charges can be further complicated by factors such as prior convictions, whether the theft involved the use of force or deception, and whether the stolen property was particularly valuable or sensitive, such as firearms, vehicles, or trade secrets.

Colorado Theft Charges: Common Defense Strategies

If you are facing theft charges in Colorado, it’s important to work with an experienced criminal defense attorney to develop a defense strategy tailored to your case. Here are some common defenses that may be applicable:

1. Lack of Intent

One of the key elements that the prosecution must prove in a theft case is intent. If you did not intend to permanently deprive the owner of their property, you may have a viable defense.

For example, if you mistakenly took someone else’s property believing it was yours or if you borrowed something with the intention of returning it, your attorney could argue that there was no criminal intent.

2. Ownership or Right to the Property

Another defense is proving that you had a legitimate claim to the property in question. If you can demonstrate that you believed the property was rightfully yours, or that you had permission to use or take it, you may be able to negate the theft charge. Disputes over ownership often arise in cases involving business partnerships or family members.

3. Mistaken Identity

In cases where theft occurs in a crowded or confusing environment, mistaken identity can be a defense. If there is insufficient or unclear evidence linking you to the crime, your attorney may argue that you were wrongly identified as the perpetrator.

This defense often involves scrutinizing witness testimony, surveillance footage, and other evidence to establish reasonable doubt.

4. Entrapment

Entrapment occurs when law enforcement induces someone to commit a crime they would not have otherwise committed. If you can prove that you were coerced or pressured into committing the theft by police officers or their agents, you may have a valid entrapment defense. This defense is particularly relevant in cases involving sting operations.

5. Duress or Coercion

If you were forced to commit theft under threat of harm, you might have a defense based on duress. For this defense to be successful, you must show that you were in immediate danger and that committing the theft was the only way to avoid that harm.

The complexities of theft charges make it essential to have a knowledgeable Colorado Springs criminal attorney on your side. A skilled defense lawyer will thoroughly investigate your case, gather evidence, and challenge the prosecution’s claims. They can negotiate with prosecutors to reduce charges or penalties and, if necessary, represent you at trial.

About the Author:

Andrew Bryant is a well-respected Colorado Springs criminal attorney who has been practicing in the area for years. A Colorado native, he returned to the home he loves after graduating from the University of Kentucky College of Law. Now, he uses the knowledge he gained as an El Paso County District Attorney to fight tirelessly for his clients’ rights. He is AV-Preeminent rated, has been recognized for his work by The National Trial Lawyers, and has been named to Best of the Springs lists by The Gazette for years.