Theft Crime Attorney in Colorado Springs

Facing a theft charge in Colorado can be a stressful and overwhelming experience. A conviction can have serious consequences, including fines, probation, restitution, and even jail time. Additionally, a theft-related conviction can impact future employment opportunities, housing applications, and professional licensing. At Clawson & Clawson, LLP, our experienced Colorado Springs theft crimes lawyers provide aggressive and strategic defense representation for individuals accused of theft-related offenses. We understand the complexities of Colorado theft laws and work tirelessly to protect your rights and achieve the best possible outcome for your case.

Whether you are facing charges for minor shoplifting or a complex white-collar crime, the larger the amount of money involved, the more serious your case will be. If your offense has occurred in Colorado, a Colorado Springs criminal defense lawyer can present you with the best options for your case. Our firm is dedicated to ensuring that clients receive fair treatment under the law while working toward minimizing penalties and protecting your future.

You shouldn't take any chances by attempting to handle the case on your own. Let us put our skill and dedication to results to work for you! Call (719) 602-5888 today for a theft attorney near you! 

Definition of Theft

While “theft” means you have taken something without the intention of returning it, you can also face theft charges if you refuse to return it until you are given something to which you are not legally entitled.

As with any other crime, the evidence surrounding your case will be the main determinant in what type of sentence the judge will ultimately decide upon. The more sneaky or conniving the theft, the more harshly it will be punished. If the prosecution uncovers a complicated, planned-out scheme, this usually spells trouble for the defendant at sentencing. Judges will rarely be lenient with a defendant who has stolen from his or her employer or worse yet, an at-risk adult or child.

Penalties for Theft

The penalty you would face if convicted of theft depends on the value of stolen goods. According to Colorado Revised Statutes §18-4-401 (2012) "Theft," there are four degrees of theft:

• If the value of stolen goods is less than $500, it is a Class 2 misdemeanor, punishable by between three and twelve months in jail.
• If the value of stolen goods is more than $500 but less than $1,000, it is a Class 1 misdemeanor, punishable by between six and eighteen months in jail.
• If the value of stolen goods is $1,000 or more but less than $20,000, it is a Class 4 felony, punishable by between two and six years in prison.
• If the value of stolen goods is $20,000 or more, it is a Class 3 felony, punishable by between four and twelve years in prison.

Other factors may influence the charges you face. For example, if you are accused of breaking into an occupied structure, you can be charged with burglary, or you can be charged with robbery if you are accused of using force, threats or intimidation to commit the theft.

Any theft from the body of another person is considered a Class 5 Felony, regardless of how small the value of the item stolen. Pickpockets face felony charges even if the item they stole is worth less than a dollar. However, in Colorado, it is considered Robbery when a theft takes place using any sort of threat or force against a victim.

Multiple accusations of stealing small amounts can also be combined, which can result in felony charges if the amounts add up to over $1,000. A defendant could also face charges of “Theft by Receiving” if they have received, transported, sold or stored something that is known to be stolen.

Types of Theft Crimes We Handle

Colorado law defines theft as unlawfully taking another person’s property with the intent to permanently deprive them of it. Our firm defends clients against a wide range of theft-related offenses.

Petty Theft (Shoplifting)

Petty theft, often referred to as shoplifting, involves the unlawful taking of property valued under $300. Although considered a misdemeanor, a conviction can result in fines, probation, community service, and even jail time. Repeat offenses may lead to enhanced penalties. Retail stores frequently pursue charges against shoplifters, making legal defense crucial for minimizing consequences.

Grand Theft (Felony Theft)

Grand theft occurs when the stolen property is valued at $2,000 or more. Depending on the value of the property, charges can range from a low-level felony to a serious felony with substantial penalties, including prison time and hefty fines. Cases involving stolen vehicles, expensive electronics, or financial fraud often fall into this category. Legal strategies for grand theft defense often involve disputing ownership claims, proving lack of intent, or negotiating plea deals.

Burglary

Burglary involves unlawfully entering a building or dwelling with the intent to commit a crime, such as theft or vandalism. Burglary is considered a felony in Colorado and is classified into different degrees based on the circumstances. First-degree burglary, which involves weapons or threats, carries the most severe penalties, while second and third-degree burglaries involve unauthorized entry without the use of violence. Defending against burglary charges often involves challenging the evidence of intent and proving lawful presence in the property.

Robbery

Robbery is the act of taking property directly from another person using force, intimidation, or threats. Unlike theft, robbery involves a victim who is present during the crime. Aggravated robbery, which includes the use of a deadly weapon, carries even harsher penalties. Because robbery is classified as a violent felony, those convicted often face lengthy prison sentences. Defense strategies may include questioning witness testimony, proving mistaken identity, or demonstrating lack of intent to harm.

Identity Theft

Identity theft occurs when an individual unlawfully uses someone else's personal information, such as Social Security numbers, bank details, or credit card information, for financial gain. This crime is often prosecuted at both state and federal levels, leading to severe penalties, including significant prison time and fines. Given the complexity of digital evidence in identity theft cases, legal defense often focuses on disputing the source of the information and proving lack of intent.

Embezzlement

Embezzlement involves the misappropriation or theft of funds that were lawfully entrusted to an individual. This type of theft typically occurs in workplace or corporate settings, where employees, accountants, or managers manipulate financial records for personal gain. Depending on the amount stolen, embezzlement can result in misdemeanor or felony charges. A strong legal defense may include proving accounting errors, lack of fraudulent intent, or negotiating a restitution agreement to avoid harsh penalties.

Auto Theft

Auto theft includes the unauthorized use or theft of a motor vehicle. In Colorado, this crime is classified based on the value of the vehicle, with felony charges imposed for high-value cars. Unlike simple joyriding, which involves temporary unauthorized use, auto theft implies intent to permanently deprive the owner of the vehicle. Legal defenses may involve challenging ownership disputes, demonstrating permission to use the vehicle, or proving lack of criminal intent.

Theft vs. Robbery vs. Burglary

Many people use the terms theft, robbery, and burglary interchangeably, but they have distinct legal meanings under Colorado law:

Theft

Theft involves unlawfully taking another person’s property without their consent. It can be charged as a misdemeanor or felony depending on the value of the stolen item. Theft does not involve force, threats, or unlawful entry into a building.

Robbery

Robbery is the act of taking property from someone directly through the use of force, threats, or intimidation. Aggravated robbery occurs when a weapon is used during the crime, leading to enhanced penalties. Robbery is always considered a felony due to the violent nature of the act.

Burglary

Burglary involves unlawful entry into a building or structure with the intent to commit a crime inside. The crime committed inside does not have to be theft; it can be any offense, such as assault or vandalism. Burglary is classified into first, second, or third-degree based on the severity of the crime.

Expungement and Record Sealing

For individuals who have completed their sentences, Colorado law may allow for the expungement or sealing of certain theft-related convictions. Expungement removes the offense from your record, while sealing limits public access to the information. Eligibility for expungement depends on factors such as the nature of the crime and the time elapsed since completion of the sentence.

The Criminal Process for Theft Charges

If you are charged with theft, the legal process typically follows these steps:

• Arrest & Booking – You are taken into custody and processed.
• Arraignment – A court hearing where you enter a plea.
• Pre-Trial Motions & Hearings – Attorneys argue legal points and may negotiate plea agreements.
• Trial – If no plea is reached, evidence is presented before a judge or jury.
• Sentencing – If convicted, penalties are determined.
• Appeal – A conviction may be appealed if legal errors occurred.

Know Your Rights

If accused of theft, you have fundamental legal rights, including:

• The right to remain silent.
• The right to legal representation.
• The right to a fair trial.
• Protection against unlawful searches and seizures.

Defending You Against Theft Charges

Whether you have been charged with shoplifting or armed robbery, we encourage you to contact us at Clawson & Clawson, LLP for help in defending your rights and your future. We have more than 100 years of combined experience, and we know the most effective strategies for helping our clients find their way out of the criminal justice system. Don't think that you can resolve the situation by speaking with the investigators and telling your side of the story. The police already believe that you committed the crime, and will only use what you say as evidence against you.

Contact Our Colorado Springs Theft Lawyer

If you are facing a theft charge in Colorado Springs, you need experienced legal representation to defend your rights and future. At Clawson & Clawson, LLP, our theft lawyers are committed to providing strategic, results-driven defense for clients accused of theft crimes.