Colorado Springs Theft Lawyer
Colorado Springs Theft Crime Defense
On This Page
- Charged With Theft in Colorado Springs?
- How Colorado Defines Theft
- Theft Penalties by Value
- When Theft Is Charged More Seriously
- Common Types of Theft Cases
- How a Theft Case Moves Through Court
- How Theft Charges Are Defended
- Alternatives to a Conviction
- Restitution in Theft Cases
- Consequences Beyond the Sentence
- Working With a Colorado Springs Theft Lawyer
- Frequently Asked Questions
- Sources
Charged With Theft in Colorado Springs?
Theft charges cover a wide range of situations: a shoplifting stop, a dispute with an employer over money, a car that was never returned, or an accusation from a family member. The same statute applies to a $20 item and a $2 million fraud, and the level of the charge depends mostly on the value involved.
Because theft is treated as a crime of dishonesty, even a low-level conviction can follow you for years. Employers, landlords, licensing boards, and immigration authorities all pay close attention to theft records.
This page explains how Colorado defines theft, the penalties at each value level, the situations that make a theft charge more serious, and how theft cases are defended in El Paso County and the surrounding counties.
What to Do After a Theft Accusation
- Do not explain or apologize to police without a lawyer. Statements meant to clear up a misunderstanding are often used to prove intent.
- Do not contact the accuser to work things out, especially if a protection order is in place.
- Do not repay or return property before getting advice. It can be the right move, but how it is done matters.
- Gather your records. Receipts, texts, emails, bank statements, and agreements can show ownership, permission, or a good-faith dispute.
- Note your court date. Lower-value cases may be filed in municipal court, and missing court leads to a warrant.
How Colorado Defines Theft
Under C.R.S. 18-4-401, a person commits theft by knowingly obtaining, retaining, or exercising control over anything of value belonging to another person without authorization, or by threat or deception, along with one of the following:
- intending to permanently deprive the owner of its use or benefit;
- knowingly using, concealing, or abandoning it in a way that permanently deprives the owner;
- demanding something the person is not entitled to as a condition of returning it; or
- keeping rented or leased property more than 72 hours after the agreed return time, in certain circumstances.
The same statute covers receiving, pawning, or selling property the person knows or believes was stolen. Colorado folded several older offenses, including theft by receiving, into this one theft statute.
Intent Is the Key Element
Most theft cases turn on intent. Borrowing, a disagreement about who owns something, a business dispute, or an honest mistake is not theft. The prosecution must prove beyond a reasonable doubt that the accused knowingly took or kept property without authorization and with the required intent.
Theft Penalties by Value
For offenses committed on or after March 1, 2022, the level of a theft charge depends on the value of the property or services involved:
| Value | 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. Courts also order restitution for the full loss.
Older sources list a $50 petty theft limit and a $750 class 1 misdemeanor threshold. Those figures applied to offenses committed before March 1, 2022.
How Value Is Measured
Value is usually the fair market value of the property at the time of the theft, not the original purchase price. Used electronics, vehicles, tools, and jewelry are often worth far less than the accuser claims. Because value sets the charge level, it is one of the most important issues in many theft cases.
When Theft Is Charged More Seriously
Aggregation of Several Thefts
Under C.R.S. 18-4-401(4), prosecutors may combine two or more thefts committed within six months into one count based on the total value. Thefts from the same victim as part of one scheme or course of conduct can also be combined. This is common in employee theft and retail theft cases, where several small amounts add up to a felony.
Theft From a Person
Taking something from another person's body or immediate presence without force, such as pickpocketing, is a class 5 felony regardless of value under C.R.S. 18-4-401(5). If force, threats, or intimidation are used, the charge becomes robbery.
Theft of a Firearm
Stealing a firearm is a class 6 felony regardless of its value under C.R.S. 18-4-401(2.3).
Theft From an At-Risk Person
Colorado treats theft from at-risk persons, a category that includes older adults and people with certain disabilities, much more seriously. Under C.R.S. 18-6.5-103, theft from an at-risk person is a class 5 felony when the value is less than $500 and a class 3 felony when it is $500 or more. These charges often arise from caregiving relationships, powers of attorney, and family finances.
Motor Vehicle Theft
Motor vehicle theft is a separate offense under C.R.S. 18-4-409, and since 2023 it no longer depends on the value of the car:
- Third degree (class 5 felony): knowingly taking or keeping another person's vehicle without authorization.
- Second degree (class 4 felony): adds a factor such as keeping the vehicle more than 24 hours, altering its appearance or VIN, taking it out of Colorado, using false plates, causing $1,000 or more in damage, injuring someone, or using it in another crime.
- First degree (class 3 felony): applies to a person with two prior convictions for motor vehicle theft or unauthorized use of a vehicle.
Common Types of Theft Cases
- Shoplifting. Retail theft cases, often starting with a store detention and a civil demand letter. See our shoplifting page.
- Employee theft and embezzlement. Cash handling shortages, misuse of company accounts, or inventory losses, often investigated by the employer before police are involved.
- Theft by deception. Contractor disputes, unpaid services, and transactions where one side claims they were misled.
- Rental and borrowed property. Rental equipment, vehicles, or borrowed items that were not returned on time.
- Stolen property. Buying, pawning, or selling items that turn out to be stolen.
- Family and relationship disputes. Accusations that arise during breakups, divorces, or disagreements over shared property.
- Identity theft. Using another person's identifying information or financial device to obtain something of value is identity theft, a class 4 felony under C.R.S. 18-5-902.
How a Theft Case Moves Through Court
Colorado law lets cities prosecute theft under $1,000 by ordinance, so low-value cases in Colorado Springs may be filed in Colorado Springs Municipal Court, 224 E. Kiowa Street.
State misdemeanor theft cases are heard in El Paso County Court, and felony theft in El Paso County District Court, both at 270 S. Tejon Street. Teller County cases are heard at the Teller County Combined Court in Cripple Creek. We also handle theft cases in Pueblo County and Fremont County.
- Summons or arrest. Lower-value cases often begin with a summons. Felony cases may begin with an arrest warrant after an investigation.
- First appearance and bond. The court sets bond conditions, which often include no contact with the alleged victim.
- Preliminary hearing. In many felony cases, you can request a hearing where a judge decides whether there is probable cause.
- Discovery. Your lawyer obtains police reports, video, financial records, and the evidence behind the claimed value.
- Negotiation and motions. Many theft cases resolve through diversion, a deferred judgment, restitution agreements, or reduced charges.
- Trial. If the case does not resolve, a jury decides whether the prosecution has proven every element beyond a reasonable doubt.
How Theft Charges Are Defended
Theft cases often rest on assumptions about intent, ownership, and value. No lawyer can promise a particular result, but these are the issues that come up most often.
No Intent to Steal
Mistakes, misunderstandings, and borrowing are not theft. Evidence of permission, a history of similar arrangements, or an attempt to return the property can show there was no intent to permanently deprive the owner.
Ownership and Civil Disputes
Many theft accusations are really disputes about money or property that belong in civil court: who owns a vehicle after a breakup, whether a contractor earned a deposit, or how business funds were supposed to be used. Showing that a good-faith dispute exists can lead to dismissal.
Value
Challenging the claimed value can move a case from a felony to a misdemeanor, or from a misdemeanor to a petty offense. Appraisals, comparable sales, and depreciation records are common tools.
Identification
Video can be unclear, and access to a cash drawer or account does not prove who took money. Records showing who had access, and when, often matter.
Aggregation Problems
When several incidents are combined into one felony count, each one must be proven and must fall within the six-month or single-scheme rules. Weak incidents can be challenged individually.
Unlawful Searches and Statements
Evidence obtained through an unlawful search, or statements taken in custody without Miranda warnings, may be suppressed.
Alternatives to a Conviction
- Diversion. The case is set aside while you complete conditions such as restitution, a theft education class, or community service, and then it 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 case is dismissed. The prosecutor must agree.
- Restorative justice. Some cases resolve through a program where the person takes responsibility and makes amends to the victim.
- Reduced charges. A felony may be reduced to a misdemeanor, or a theft charge to a non-theft offense that carries less stigma.
- Dismissal or acquittal. Weak evidence of intent, ownership, or value can end the case.
Restitution in Theft Cases
Restitution is the money a court orders a convicted person to pay to cover the victim's actual losses. In theft cases it is almost always part of the outcome, and it often matters as much to the person charged as any fine or sentence.
- What it covers. Restitution can include the value of property that was not recovered, repair costs, lost income, and some costs the victim incurred because of the offense.
- How it is calculated. The prosecution must support the amount claimed. The defense can challenge inflated values, losses that were covered by insurance or already repaid, and claims that are unrelated to the offense.
- When it is set. Restitution is often ordered at sentencing, but the court can set the final amount later, after a hearing.
- How it affects the case. Paying restitution early, or agreeing to a payment plan, can support diversion, a deferred judgment, or a reduced charge.
- Collection. Restitution orders can be collected for many years and can be converted into civil judgments.
Because a sealing motion generally requires restitution to be paid, the amount and the payment schedule also affect how soon a record can be cleared.
Consequences Beyond the Sentence
- Employment. Theft is a crime of dishonesty that weighs heavily in background checks, especially for jobs involving money, inventory, or trust.
- Professional licenses. Nurses, financial professionals, real estate agents, and teachers may face licensing board action.
- Immigration. Theft offenses can be treated as crimes involving moral turpitude. 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 problems.
- Restitution. Restitution orders can be large and can be collected long after the case ends.
- Your record. Many theft convictions and dismissed cases can be sealed after a waiting period. See our record sealing page.
Working With a Colorado Springs Theft 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 every level of theft, from petty offenses in municipal court to felony theft, motor vehicle theft, and identity theft in district court, in El Paso, Teller, Pueblo, and Fremont counties.
A first meeting covers how the accusation arose, the claimed value, the records that may show permission or ownership, and the options most likely to protect your record.
Criminal Defense Colorado Springs, P.C. offers free, confidential consultations.
Frequently Asked Questions
What is the felony theft amount in Colorado?
Theft becomes a felony when the value is $2,000 or more. Theft from a person, theft of a firearm, and theft from an at-risk person are felonies regardless of value.
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 theft charges be dropped if I pay the money back?
Repayment does not automatically end a case, because the prosecutor decides whether to dismiss. It often leads to better outcomes, such as diversion or a dismissal after restitution, but it should be handled through counsel.
Can several small thefts become a felony?
Yes. Thefts committed within six months, or thefts from the same victim as part of one scheme, can be combined into one charge based on their total value.
Is motor vehicle theft a felony in Colorado?
Yes. Motor vehicle theft is at least a class 5 felony regardless of the vehicle's value, and aggravating factors or prior convictions raise it to a class 4 or class 3 felony.
Will a theft conviction show up on a background check?
Yes, unless it is sealed. Many theft convictions and dismissed cases can be sealed after a waiting period, which removes them from most public background checks.
What if the property was a gift or I thought I had permission?
Permission or a good-faith belief that you had a right to the property can defeat the intent element. Texts, witnesses, and past dealings are often the key evidence.
Sources
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