Colorado Springs Shoplifting Lawyer

Colorado Springs Shoplifting Defense

Security camera above a retail store aisle

Charged With Shoplifting in Colorado Springs?
How Colorado Law Treats Shoplifting
Shoplifting Penalties by Value
When Shoplifting Becomes a Felony
What Stores Can and Cannot Do
Civil Demand Letters
Where Shoplifting Cases Are Heard
How Shoplifting Charges Are Defended
Alternatives to a Conviction
Consequences Beyond the Sentence
Working With a Colorado Springs Shoplifting Lawyer
Frequently Asked Questions
Sources

Charged With Shoplifting in Colorado Springs?

A shoplifting charge often starts with a few minutes in a store office: a loss prevention officer, a stack of paperwork, and then a police officer with a summons. For many people it is their first contact with the criminal justice system, and the case can feel small and overwhelming at the same time.

Colorado does not have a separate shoplifting crime. Taking merchandise from a store is charged as theft under the same statute that covers every other kind of theft, and the level of the charge depends mostly on the value of the items. A low-value case may be a petty offense. A case built from several store visits, or involving more expensive merchandise, can become a felony.

This page explains how shoplifting is charged in Colorado, the penalties at each value level, what stores are allowed to do, the civil demand letters that often follow, and how these cases are defended in Colorado Springs and the surrounding counties.

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What to Do After a Shoplifting Stop

Do not sign a written confession. Store staff may ask you to sign a statement admitting the theft. You are not required to, and that statement will be used in court.
Do not explain your side to police without a lawyer. Explanations about forgetting an item or a self-checkout error are better made through counsel, with the evidence in hand.
Keep every document. Save the summons, any trespass notice, and receipts, bank records, or app data that show what you paid for.
Do not pay a civil demand letter before you get advice. Paying it does not end the criminal case.
Note your court date and court. A shoplifting summons may send you to municipal court or county court. Missing the date leads to a warrant.

How Colorado Law Treats Shoplifting

Under C.R.S. 18-4-401, a person commits theft by knowingly obtaining, keeping, or exercising control over anything of value belonging to another person without authorization, with the intent to permanently deprive the owner of it, or by using, concealing, or abandoning it in a way that does. Shoplifting fits that definition when someone leaves, or tries to leave, a store with merchandise they have not paid for.

Common examples include:

Hiding merchandise in a bag, pocket, or stroller and walking out
Skipping items at a self-checkout station
Switching price tags or putting expensive items in cheaper packaging
Wearing clothing or accessories out of the store
Returning merchandise that was never purchased for cash or store credit
Passing items to a friend at the register without scanning them

Concealment as Evidence of Intent

Intent is the central issue in most shoplifting cases. Colorado makes concealment important: under C.R.S. 18-4-406, willfully concealing unpurchased merchandise, whether on or off the store's premises, is prima facie evidence of intent to commit theft.

That rule does not decide the case. The Colorado Supreme Court has held that it creates a permissive inference that a judge or jury may draw, not a requirement, and that the prosecution still has to prove intent beyond a reasonable doubt. In practice, it means a person can be charged before ever leaving the store, and the defense has to address why an item was in a bag or pocket.

Shoplifting Penalties by Value

For offenses committed on or after March 1, 2022, the level of a theft charge depends on the value of the merchandise taken:

Value of Merchandise	Charge	Possible Sentence
Less than $300	Petty offense	Up to 10 days in jail and a fine of up to $300
$300 to less than $1,000	Class 2 misdemeanor	Up to 120 days in jail and a fine of up to $750
$1,000 to less than $2,000	Class 1 misdemeanor	Up to 364 days in jail and a fine of up to $1,000
$2,000 to less than $5,000	Class 6 felony	1 year to 18 months in prison and a fine of $1,000 to $100,000
$5,000 to less than $20,000	Class 5 felony	1 to 3 years in prison and a fine of $1,000 to $100,000
$20,000 to less than $100,000	Class 4 felony	2 to 6 years in prison and a fine of $2,000 to $500,000
$100,000 to less than $1 million	Class 3 felony	4 to 12 years in prison and a fine of $3,000 to $750,000
$1 million or more	Class 2 felony	8 to 24 years in prison and a fine of $5,000 to $1,000,000

The misdemeanor and petty offense ranges come from C.R.S. 18-1.3-501 and C.R.S. 18-1.3-503. The felony ranges come from C.R.S. 18-1.3-401. These are maximums, not typical results. A first-time, low-value shoplifting case rarely ends in jail.

Many websites still list older numbers, such as a $50 petty theft limit or 18 months for a misdemeanor. Those figures applied to offenses before March 1, 2022, and they no longer describe a new case.

Restitution is ordered in addition to any sentence. If merchandise was recovered undamaged, restitution may be small or zero. If it was damaged or not recovered, the store can claim its loss.

When Shoplifting Becomes a Felony

Most shoplifting cases are petty offenses or misdemeanors. Several rules can push a case higher than the value of a single store visit would suggest.

Aggregation of Several Thefts

Under C.R.S. 18-4-401(4), when a person commits theft two or more times within six months, prosecutors may combine the thefts into one count and charge it based on the total value. Thefts from the same victim as part of one scheme or course of conduct can also be combined, without the six-month limit. Several $400 visits to the same retailer can add up to a class 6 felony.

Aggregation is often where the defense has the most room. The prosecution must prove each underlying theft, the value of each, and that they fall within the rules for combining them. One weak incident can drop the total below a felony threshold.

Theft From a Person

Taking something from another person's body or immediate possession without force, such as lifting a wallet from a shopper's purse, is a class 5 felony regardless of value under C.R.S. 18-4-401(5). Using force, threats, or intimidation turns the charge into robbery.

Firearms

Stealing a firearm is a class 6 felony regardless of its value, under C.R.S. 18-4-401(2.3). This applies to guns taken from sporting goods stores and pawn shops.

Burglary. Entering a store after being banned with a trespass notice, intending to steal, can support a burglary charge. That is a felony and is far more serious than theft.
Robbery or assault. If force or threats are used against store staff or other shoppers, prosecutors may add robbery or assault charges, which are far more serious than theft.
Criminal impersonation or forgery. Return fraud that involves fake receipts or another person's identity can add these charges.
Trespass. Returning to a store after a written trespass notice can bring a separate trespass charge.

What Stores Can and Cannot Do

Under C.R.S. 18-4-407, when a person triggers a theft alarm, conceals merchandise, or carries away unpurchased goods, a merchant, a store employee, or a peace officer acting in good faith and with probable cause may detain and question that person in a reasonable manner to find out whether a theft occurred.

Several points about this rule matter in a defense:

Colorado law does not require the store to wait until you leave. Because concealment is evidence of intent, a person can be stopped inside the store. Some websites say otherwise, but that is a store policy question, not a requirement of Colorado law.
The detention must be reasonable. The statute protects questioning done in a reasonable manner. It does not authorize excessive force or holding someone far longer than needed.
Store employees are not police. Loss prevention staff do not have to give Miranda warnings, so statements made to them can usually be used. Statements to police during custodial questioning are different, and the warnings rules apply.
Store evidence must be preserved. Video, receipt data, and self-checkout logs are in the store's hands. A lawyer can request them before they are overwritten.

Stores often issue a written trespass notice banning you from all of their locations. That notice is not a criminal penalty by itself, but violating it can create new charges.

Civil Demand Letters

Weeks after a shoplifting stop, many people receive a letter from the store or a law firm demanding money. These letters rely on C.R.S. 13-21-107.5, which makes an adult who takes merchandise without paying, or who changes a price tag, civilly liable to the store for its actual damages plus a penalty of $100 to $250. For a minor who has not been emancipated, the parents or guardians are liable for the same amounts.

Points to know about civil demands:

The civil claim is separate from the criminal case. Paying it does not dismiss charges, and the prosecutor does not control it.
The store does not need a criminal conviction to bring a civil claim.
The letters sometimes ask for more than the statute allows. The penalty is capped at $250, plus the store's actual damages.
Restitution ordered in the criminal case and a civil payment can overlap. A lawyer can make sure you are not paying twice for the same loss.

Where Shoplifting Cases Are Heard

Colorado law lets cities prohibit theft by ordinance when the value is less than $1,000, under C.R.S. 18-4-401(8). As a result, a shoplifting case in Colorado Springs can land in one of two courts, depending on how the officer writes the summons:

Colorado Springs Municipal Court, 224 E. Kiowa Street, for violations of the city code. The city's prosecutors handle these cases. Under the city's practice guide, most ordinance violations carry up to $2,500 in fines and up to 189 days in jail. See our municipal court page.
El Paso County Court, 270 S. Tejon Street, for state theft charges. The District Attorney's office prosecutes these, and felony cases go to El Paso County District Court in the same building.

Shoplifting cases from Woodland Park and the rest of Teller County are heard at the Teller County Combined Court in Cripple Creek or in the local municipal court. We also handle theft cases in Pueblo County and Fremont County.

How a Case Moves Forward

Summons or arrest. Most shoplifting cases begin with a summons that lists a court date. Larger cases, or cases with warrants, may begin with an arrest and bond.
First appearance or arraignment. You enter a plea or ask for time to talk with a lawyer. In municipal court, a not guilty plea is usually followed by a pretrial conference with the city prosecutor.
Discovery. Your lawyer obtains the police report, store reports, video, and receipt or self-checkout data.
Negotiation. Many shoplifting cases resolve through diversion, a deferred judgment, or a reduced charge.
Trial. If the case does not resolve, a judge or jury decides it. In municipal court, a jury must be requested in writing within 21 days after the plea.

How Shoplifting Charges Are Defended

Shoplifting cases are often built quickly, from a loss prevention report and a short video clip. A careful defense looks at what the evidence actually shows. No lawyer can promise a particular result, but these are the issues that come up most often.

Lack of Intent

Theft requires intent to permanently deprive the store of the merchandise. People forget items in the bottom of a cart, set things in a bag while juggling children, or walk out while distracted by a phone call. Evidence that you had money to pay, that you paid for other items, or that the item was in plain view can show there was no intent to steal.

Self-Checkout Errors

Self-checkout stations miss scans, double-count items, and freeze mid-transaction. Transaction logs, receipt data, and bank records can show that a missed item was a mistake rather than a theft. These records need to be requested early, before the store deletes them.

Value of the Merchandise

The value decides the charge level. Stores sometimes list the full ticket price of items that were on sale, damaged, or bundled with a discount. Showing a lower value can reduce a felony to a misdemeanor, or a misdemeanor to a petty offense.

Identification and Video

Store video can be grainy, partial, or taken from a distance. In cases built on several incidents, the question of whether the same person appears in each clip is often disputed.

Statements and Detention

If police questioned you in custody without Miranda warnings, or if the detention was unreasonable, the defense may move to suppress statements. Written confessions signed in a store office are also reviewed for how they were obtained.

Aggregation and Charging Errors

When separate incidents are combined, each one must be proven, and they must fit the six-month or single-scheme rules. Challenging one incident can lower the total value and the charge.

Alternatives to a Conviction

A shoplifting arrest does not have to end in a conviction. Depending on your record and the facts, options may include:

Diversion. The case is set aside while you complete conditions such as a theft education class, community service, or restitution. When the program is finished, the case is dismissed.
Deferred judgment. Under C.R.S. 18-1.3-102, you plead guilty, but the conviction is not entered while you complete conditions for up to two years in a misdemeanor case or four years in a felony case. If you succeed, the plea is withdrawn and the case is dismissed. The prosecutor must agree.
Restorative justice. Some cases can be resolved through a program in which the person takes responsibility and makes amends.
Reduced charges. A felony or misdemeanor theft charge may be reduced to a lower level or to a non-theft offense.
Dismissal. Weak intent evidence, missing video, or value problems can lead to dismissal or a not guilty verdict.

Consequences Beyond the Sentence

Background checks. Theft is treated as a crime of dishonesty. Even a misdemeanor theft conviction can affect jobs in retail, banking, healthcare, and any position that handles money.
Professional licenses. Nurses, teachers, real estate agents, and other licensed professionals may have to report a theft conviction to their licensing board.
Immigration. Theft can be treated as a crime involving moral turpitude, which can affect visas, green cards, and naturalization. Non-citizens should get advice before entering any plea.
Military members. Service members at Fort Carson, Peterson and Schriever Space Force Bases, and the Air Force Academy can face command action and security clearance questions.
Students. Colleges may treat a theft charge as a conduct issue, and it can affect scholarships and financial aid.
Your record. Many dismissed cases and many theft convictions can be sealed after a waiting period. See our record sealing page.

Shoplifting Charges Against Teenagers

Shoplifting is one of the most common charges against young people. A juvenile case is handled differently from an adult case, with a focus on rehabilitation and many diversion options. Parents should know that the civil demand law makes parents of an unemancipated minor liable for the store's damages and penalty. See our juvenile defense page.

Working With a Colorado Springs Shoplifting Lawyer

Attorney Michael W. Moran has been licensed to practice law in Colorado since 1995 and is a former municipal court judge. He represents people charged with shoplifting and every level of theft, from petty offenses in municipal court to felony cases in district court, in El Paso, Teller, Pueblo, and Fremont counties.

A first meeting covers what happened in the store, the value the store is claiming, any video or receipt records, and the options most likely to keep a conviction off your record. For many first-time cases, the goal is a dismissal through diversion or a deferred judgment.

Criminal Defense Colorado Springs, P.C. offers free, confidential consultations.

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Frequently Asked Questions

Is shoplifting a felony in Colorado?

Usually not. Shoplifting merchandise worth less than $2,000 is a petty offense or misdemeanor. It becomes a felony at $2,000 or more, when several thefts are combined into one charge, when property is taken from a person, or when a firearm is stolen.

Will I go to jail for a first-time shoplifting charge?

Jail is uncommon for a first-time, low-value case. Most resolve with diversion, a deferred judgment, a fine, or a class. The possible sentence rises with the value and with prior theft convictions.

What is petty theft in Colorado?

Theft of property worth less than $300 is a petty offense for offenses committed on or after March 1, 2022. It carries up to 10 days in jail and a fine of up to $300.

Can I be charged with shoplifting if I never left the store?

Yes. Concealing unpurchased merchandise is evidence of intent to steal under Colorado law, so a person can be stopped and charged before leaving. The prosecution still has to prove intent beyond a reasonable doubt.

Do I have to pay the civil demand letter?

The store can seek its actual damages plus a penalty of $100 to $250 under Colorado law. Paying does not end the criminal case. Get advice before paying, because the amount demanded is sometimes higher than the law allows.

Can a store keep me until police arrive?

A merchant acting in good faith and with probable cause may detain and question you in a reasonable manner. The detention must be reasonable in how it is done and how long it lasts.

Can a shoplifting charge be dismissed?

Yes. Many shoplifting cases end in dismissal through diversion or a completed deferred judgment, and some are dismissed because the evidence of intent or value is weak.

Will a shoplifting charge show up on a background check?

A charge and a conviction can both appear on background checks. Many dismissed cases and many theft convictions can be sealed after a waiting period, which removes them from most public checks.

What if my teenager was caught shoplifting?

Juvenile cases focus on rehabilitation and often qualify for diversion. Parents may also receive a civil demand, because Colorado makes parents of an unemancipated minor liable for the store's damages and penalty.

Author

Michael W. Moran

Criminal Defense Attorney

Colorado Bar # 26337

Michael W. Moran has been licensed to practice law in Colorado since October 1995 and is a former municipal court judge. His practice focuses on criminal defense, including DUI and DUID, domestic violence, drug charges, juvenile cases, traffic offenses, and probation violations. He represents clients in El Paso, Teller, Pueblo, and Fremont counties. He earned his law degree from the University of Denver Sturm College of Law and is a member of the Colorado Bar Association, the El Paso County Bar Association, and the National Association of Criminal Defense Lawyers. He is a member of the National College for DUI Defense and is rated Excellent on Avvo.