Colorado Springs Theft Attorney

If you have been charged with theft in Colorado, you may be facing significant penalties, damage to your reputation, and an uncertain future. When facing such life-altering consequences, it is important to have an experienced criminal defense lawyer in your corner who can fight to protect your rights and your freedom. Anaya & Chadderdon, P.C. is ready to mount a strong defense on your behalf. Contact our office today to schedule a free and confidential case review with a theft defense lawyer in Colorado Springs. 

Colorado Theft Charges Quick Links

• Types of Theft Charges in Colorado Springs
• Penalties for Theft in Colorado
• Common Legal Defenses to Theft in Colorado Springs
• Contact a Colorado Springs Theft Defense Attorney 

Types of Theft Charges in Colorado Springs

In Colorado, there are different types of theft charges. Charges largely depend on the value of the property stolen. Theft charges in Colorado are classified in the following categories:

Misdemeanor Theft (Larceny)

You can face misdemeanor theft charges if you are accused of taking property valued at more than $50 but less than $2,000. Misdemeanor charges can be charged as any of the following:

• Class 3 misdemeanor if the property is worth up to $300
• Class 2 misdemeanor if the property is worth between $300 and $749
• Class 1 misdemeanor if the property is worth between $750 and $1,999

In Colorado, misdemeanor larceny (theft) offenses cover a broad spectrum of activities. They often include seemingly minor acts that involve unlawfully taking or misappropriating someone else’s property without consent and with the intent to permanently deprive them thereof. Below are some examples of larceny.

Shoplifting

Shoplifting is the act of intentionally stealing goods from an establishment where they are for sale:

“If any person willfully conceals unpurchased goods, wares, or merchandise owned or held by and offered or displayed for sale by any store or other mercantile establishment, whether the concealment be on his own person or otherwise and whether on or off the premises of said store or mercantile establishment, such concealment constitutes prima facie evidence that the person intended to commit the crime of theft.”

Embezzlement

Embezzlement is a type of property theft. It occurs when someone who was entrusted to manage or monitor someone else’s money or property steals all or part of that money or property for the perpetrator’s personal gain. The key component of embezzlement is the breach of trust involved, where one abuses their position to misappropriate funds otherwise under their care:

“Embezzlement is the fraudulent appropriation of property by a person to whom it has been intrusted.”

Extortion

Extortion involves illegally obtaining property through forceful tactics such as threats about revealing confidential information that might compromise another individual negatively personally or professionally. This is typically referred to as blackmail.

Felony Theft

Felony theft charges apply when the property in question is valued at more than $2,000. The more valuable the property in question, the more serious crime you can be charged with, as follows:

• Class 6 felony if the property is worth up to $4,999
• Class 5 felony if the property is worth between $5,000 and $19,999
• Class 4 felony if the property is worth between $20,000 and $99,999
• Class 3 felony if the property is worth between $100,000 and $999,999
• Class 2 felony if the property is worth $1,000,000 or more

Identity Theft

Identity theft in Colorado can be charged as a misdemeanor or felony, depending on the situation. For example, possession of one financial device is a misdemeanor, but possession of more than one brings the charges up to a felony.

Penalties for Theft in Colorado 

The penalties you face if charged with theft in Colorado Springs depend on the value of the property involved, which directly corresponds to the classification of the charge. The potential penalties for each type of misdemeanor or felony charge that you can be charged with include:

• Class 3 misdemeanor: Up to six months in jail and a fine up to $750
• Class 2 misdemeanor: Up to 12 months in jail and a fine up to $1,000
• Class 1 misdemeanor: Up to 18 months in jail and a fine up to $5,000
• Class 6 felony: Up to one and a half years in state prison, one year of mandatory parole, and a fine up to $100,000
• Class 5 felony: Up to three years in prison, two years of mandatory parole, and a fine up to $100,000 
• Class 4 felony: Up to six years in prison, three years of mandatory parole, and a fine up to $500,000 
• Class 3 felony: Up to 12 years in prison, five years of mandatory parole, and a fine up to $750,000 
• Class 2 felony: Up to 24 years in prison, five years of mandatory parole, and a fine up to $1,000,000 

Additionally, you can be required to pay restitution to pay back the alleged victim for the value of the property stolen.

Common Legal Defenses to Theft in Colorado Springs

In a situation where you are facing theft charges, the right legal defense can be instrumental in protecting your rights and ensuring that you are treated fairly. Here are some of the most common potential defenses:

Ownership

Establishing in court that you were the sole owner of the alleged stolen property is an often used and successful defense against theft charges.

Proving ownership in a theft case requires providing tangible evidence that the property in question belonged to you. This could include bills and receipts or even photos of you with the object in question. 

Lack of Intent

Another valid argument is that you did not knowingly take someone else’s property. To be guilty of theft, there must have been the intention to deprive someone of what is rightfully theirs. 

Proving a lack of intent when facing theft charges often boils down to illustrating that the allegedly stolen property was taken by mistake. For example, if you picked up a phone in the locker room at the gym because you thought it was yours, this will not meet the intent requirement, as this was clearly a mistake.

Police Misconduct

If any part of law enforcement procedure was executed improperly while investigating or arresting you, your attorney may be able to file a motion to suppress to have certain evidence thrown out. If the stolen item was in your possession but the police obtained it unlawfully, a successful motion would make it so the prosecutor can’t use this evidence, meaning they likely would have no case against you. 

You Were Given The Item

If you were given the item by someone else and had no knowledge of its stolen nature, presenting this narrative can help you fight the charges. Here, messages or conversations where the item was offered to you or eyewitnesses who saw it being given to you could add credibility to your defense.

Contact Anaya & Chadderdon, P.C. in Colorado Springs Today

If you are facing serious theft charges, including robbery and burglary charges, turn to the dedicated legal team at Anaya & Chadderdon, P.C. Our Colorado Springs theft defense attorneys have more than 30 years of combined legal experience that we can immediately put to use to help protect your legal rights. Contact us today for a free consultation where we can explain your options and how our law firm can help.