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Denver Theft Lawyer for theft Charges in Colorado
Denver Theft Lawyer can help you with your theft charges in Colorado
Theft Charges in Colorado Revised Statutes §18-4-401
Theft is codified under Colorado Revised Statutes §18-4-401. A theft occurs when a person (1) “knowingly obtains, retains, or exercises control over anything of value of another without authorization or by threat or deception; or receives, loans money by pawn or pledge on, or disposes of anything of value or belonging to another that he or she knows or believes to have been stolen; and
(a) Intends to deprive the other person permanently of the use or benefit of the thing of value;
(b) Knowingly uses, conceals, or abandons the thing of value in such manner as to deprive the other person permanently of its use or benefit;
(c) Uses, conceals, or abandons the thing of value intending that such use, concealment, or abandonment will deprive the other person permanently of its use or benefit;
(d) Demands any consideration to which he or she is not legally entitled as a condition of restoring the thing of value to the other person; or
(e) Knowingly retains the thing of value more than seventy-two hours after the agreed-upon time of return in any lease or hire agreement.”
Under this statute, the crime is initially established under the first part of the definition in section (1). The following subsections (a) through (e) describe the various ways that the act of theft can be completed.
Offense levels for Theft Charges in Colorado
Theft charges in Colorado can range from petty theft offenses to serious felonies. At the lowest level, a petty theft involves taking an item of value from another person that is worth less than $50. An interesting point to note is that there is no bottom value listed. This means that an item that has just a nominal value but that is knowingly taken from another person with the intent to permanently deprive him or her of it can still be charged as a class 1 petty offense theft crime.
The misdemeanor-level theft offenses include class 3 misdemeanor theft, class 2 misdemeanor theft and class 1 misdemeanor theft. Class 3 offenses involve items with values ranging from $50 to less than $300; class 2 offenses from $300 to less than $750; and class 1 offenses ranging from $750 to less than $2,000. Items that have values that are greater than $2,000 are charged as felony theft offenses.
Felony theft offense levels range from Class 6 felonies, which are the lowest level of felony offenses, to Class 2 felonies. The corresponding values of the items taken for each felony level are:
- Class 6 – $2,000 to less than $5,000
- Class 5 – $5,000 to less than $20,000
- Class 4 – $20,000 to less than $100,000
- Class 3 – $100,000 to less than $1 million
- Class 2 – $1 million or more
Potential enhancements to felony offenses
The circumstances surrounding how a theft occurs can transform even a petty offense into a serious felony. For example, if a person shoplifts an item that is worth less than $50 but then physically resists a security guard at the store in order to get away, the offense may be charged as a robbery, which is also called a strong-arm robbery. Another similar situation might occur if a person breaks into a business or home and steals an item that would be worth less than the misdemeanor theft amounts. A person who does so could be charged with a felony burglary offense. If there are multiple misdemeanor theft offenses, the prosecutor might also aggregate the offenses into a felony offense if the aggregate value of the items stolen reaches the felony level.
Get legal help
Attorney Ike Lucero is experienced with defending against theft charges that have been filed against his clients. He aggressively represents his clients in order to try to secure the most favorable outcomes for them. In some cases, he might be able to win a dismissal of the charges. In others, he may secure a plea to a lesser offense, an alternative sentence that avoids jail or prison time or a deferred judgment and sentence. Finally, if a reasonable plea offer is unable to be secured, Mr. Lucero is unafraid to fight for you through a trial. Contact Ike Lucero today to learn more about your rights in your case.
Potential penalties
A petty offense theft conviction carries a potential penalty of a maximum $500 fine and/or up to six months in jail. Misdemeanor-level convictions may carry probation sentences up to 18 months in jail and fines of up to $5,000, depending on the severity level and the person’s criminal history. Depending on the felony level and the person’s criminal history, a felony theft conviction may result in anywhere from one year up to 24 years in state prison and a fine that may range from $1,000 up to $1 million. Restitution, theft classes and community service are all commonly ordered in addition to the other penalties.
The collateral consequences of a theft conviction may last for a long time after the case is closed and the sentence is completed. People who have theft convictions on their records may have difficulty finding jobs or securing credit. They may also lose any professional licenses that they might have or security clearances if they have jobs that require them. Because the potential consequences are so severe, it may be very important to get help from an experienced Denver Theft Lawyer who understands how to defend against allegations of theft and theft charges in Colorado.
Testimonials
What Clients are Saying
A great experience from the beginning, Ike focused only on what was needed to make a successful case, very responsive and ensured we understood each step of the process. His negotiation skills are excellent, we never imagined such a reduction in the charge brought against our son considering the circumstances. Incredibly happy with the outcome, and all at the most reasonable price we could find. Thanks so much Ike!
John
Mr. Lucero is dedicated to his clients and helping them to achieve the best possible outcome for their case. I strongly recommend this professional attorney.
Michael
From the start Ike was understanding of my situation and answered all of my questions, and then some. He took on my case at a very fair price, and kept me updated every step of the way. In the end, my case was resolved fairly and painlessly. I would recommend Ike to anyone requesting a traffic lawyer, and he will be the first person I call if I get into another legal situation.
