Understanding Colorado theft laws
Theft laws in Colorado are structured to define and penalize the unlawful taking of another’s property. These laws categorize theft offenses by the value of the stolen property, with penalties that increase as the value of the property rises. Theft can cover a broad spectrum of crimes, from petty theft to large-scale embezzlement. Here’s a comprehensive look at how theft is addressed under Colorado law, including the categories, penalties, and nuances associated with different types of theft.
Definition of Theft in Colorado
Under Colorado law, theft occurs when someone knowingly obtains, retains, or exercises control over someone else’s property without authorization, intending to permanently deprive the owner of the property. This can also include situations where someone knowingly conceals or abandons property to make it difficult or impossible for the rightful owner to retrieve it.
Common forms of theft in Colorado include shoplifting, stealing from a person or business, and embezzlement, as well as theft of services like utilities or cable services. Theft doesn’t necessarily mean taking physical property—it can also include intangible assets and services, making the law broad in its application.
Theft Classifications Based on Property Value
Colorado’s theft laws use a tiered system, dividing theft offenses by the monetary value of the stolen property. The higher the value, the more severe the classification and punishment.
Petty Theft (Under $300): This category covers low-value thefts, often referred to as "petty theft" or "petit larceny." For example, stealing small items from a store could fall into this category. Petty theft is usually classified as a Class 1 or Class 2 petty offense, depending on the specific circumstances, and is punishable by fines and minimal jail time.
Misdemeanor Theft ($300 - $2,000): Theft of property valued between $300 and $2,000 is considered a misdemeanor. This level was further divided into three degrees, although is now only divided into two degrees:
Class 3 misdemeanor (value between $300 and $750): Punishable by up to six months in jail and/or fines up to $750 (formerly).
Class 2 misdemeanor (value between $750 and $1,000): Can result in up to one year in jail and/or fines up to $1,000.
Class 1 misdemeanor (value between $1,000 and $2,000): Carries potential penalties of up to 18 months in jail and fines up to $5,000.
Felony Theft (Over $2,000): Theft of property worth more than $2,000 is classified as a felony, with serious consequences that escalate based on the value:
Class 6 felony ($2,000 - $5,000): Punishable by up to 18 months in prison and/or fines up to $100,000.
Class 5 felony ($5,000 - $20,000): May lead to up to three years in prison and/or fines up to $100,000.
Class 4 felony ($20,000 - $100,000): Carries up to six years in prison and/or fines up to $500,000.
Class 3 felony ($100,000 - $1,000,000): Can result in up to 12 years in prison and fines up to $750,000.
Class 2 felony (over $1,000,000): The most serious theft offense, punishable by up to 24 years in prison and fines up to $1,000,000.
Aggravating Factors and Special Considerations
Some factors can elevate theft charges, such as the nature of the theft or the victim. For instance, if theft involves a firearm, it may be classified as aggravated, which can increase the severity of penalties. Theft involving vulnerable victims, like the elderly, may also result in harsher punishments. Additionally, repeat offenders may face stricter sentencing due to Colorado’s habitual offender laws.
Statute of Limitations for Theft in Colorado
In Colorado, the statute of limitations for most theft crimes is three years. This means the state must file charges within three years from the date of the alleged offense. However, some cases, such as those involving significant sums or extenuating circumstances, may have longer statutes of limitations.
Legal Defenses to Theft Charges
Defending against theft charges in Colorado involves examining the intent and circumstances surrounding the alleged offense. Common defenses include:
Lack of intent: Theft requires intent to permanently deprive the owner of their property. If intent cannot be proven, the defense can argue that the act was unintentional.
Ownership or right to property: If the accused can prove they believed they had a right to the property, this defense may stand.
Mistaken identity: In cases involving surveillance or other circumstantial evidence, mistaken identity may be a viable defense.
Consequences of Theft Convictions
A theft conviction can impact many aspects of life beyond criminal penalties. A criminal record for theft can affect employment, housing, and educational opportunities. Felony theft convictions, in particular, can carry lifelong consequences, impacting civil rights like voting and firearm ownership.
Conclusion
Colorado’s theft laws are stringent and encompass various categories of theft based on the stolen property’s value. Understanding the penalties and potential defenses can be crucial for anyone facing a theft charge or trying to navigate the legal system. Theft charges can lead to serious consequences, but with the right legal guidance, defendants can explore their options and work toward a fair outcome. Contact us today for more information.