Shoplifting Charges In Colorado Springs- A Full Breakdown
Introduction: What This Guide Covers
A shoplifting accusation can go from a brief store stop to a criminal case faster than most people expect. In Colorado Springs and El Paso County, theft cases may be filed in municipal court or in state court, and the consequences can reach beyond fines. Shoplifting is prosecuted as theft under Colorado law (CRS 18-4-401). The municipal code in Colorado Springs includes regulations that mirror state theft statutes.
This guide breaks down how theft and shoplifting are charged in Colorado, what the prosecution has to prove, what penalties and collateral consequences can look like, and what you can do next.
Not Legal Advice
This article is for general information only and is not legal advice. The right strategy depends on the facts, your history, and where your case is filed.
A Helpful Starting Point
If you want a Colorado Springs-focused overview of defense planning, start with our theft defense page.
Plain-English Overview Of Theft And Shoplifting In Colorado
In Colorado, “shoplifting” is usually handled under the broader theft laws. The label matters less than what the state can prove about intent, value, and identification. Shoplifting is when a person conceals items in a commercial setting to remove the item without the intent to pay for it.
What Prosecutors Usually Mean By Shoplifting
Most shoplifting cases involve allegations like:
Leaving a store with unpaid merchandise
Concealing items in a bag, clothing, or stroller
Switching tags or manipulating self-checkout
Returning items for store credit without a valid purchase
Common Misunderstandings That Still Lead To Charges
A lot of cases start with everyday situations:
A distracted moment at self-checkout
Confusion over what was paid for vs what was not
A store employee or loss prevention officer misidentifying the person
A rushed interview where someone “admits” things they do not fully understand
Theft Vs Burglary Vs Robbery
Theft is about taking or controlling property without authorization. Burglary is about unlawful entry or remaining with intent to commit a crime. Robbery involves force, threats, or intimidation. A lawyer looks closely at the facts because the charge choice can change the stakes. Theft encompasses a broader range of theft activities outside retail, including embezzlement and fraud. Mental illness, or insanity, can be used when the perpetrator suffers from the condition Kleptomania.
How Colorado Law Treats Theft And Shoplifting
Colorado theft law covers more than walking out with an item. It also includes certain types of deception and, in some situations, keeping property longer than allowed. Return of property can be used as a defense when the crime is made right, helping to prove lack of intent.
Key Elements Under Colorado Theft Law
Colorado’s main theft statute is C.R.S. 18-4-401. Most theft cases turn on whether the state can prove you: The prosecution must prove guilt beyond a reasonable doubt in theft cases.
Knowingly obtained, retained, or exercised control over something of value
Did so without authorization, or by threat or deception
Had the required intent, such as intending to permanently deprive the owner of it
Took something that was actually “of another”
Caused a loss of a certain value
How Value Is Calculated And Challenged
Value is not always the shelf price. Defense and prosecution may argue about:
Sale price vs listed price
Used, damaged, or returned items
What was actually recoverable and when
Whether receipts or transaction records support your version
Aggregation: When Smaller Incidents Become A Bigger Charge
Colorado law can allow multiple thefts to be grouped together in certain circumstances, including repeated incidents in a short timeframe or a single course of conduct. That can increase the charge level, which is why early review matters. Colorado law allows for aggregated theft values to determine a single charge in cases of multiple thefts within six months. Repetitive theft offenses lead to harsher sentencing under Colorado law.
Where Cases Get Filed In Colorado Springs
Some shoplifting cases are filed in Colorado Springs Municipal Court, especially when the alleged value is lower. Others are filed in El Paso County Court or District Court. Where it is filed can affect: The Colorado Springs municipal code applies specifically to thefts involving items valued at less than $2,000. The maximum penalty for a municipal theft charge in Colorado Springs is typically up to one year in jail and/or a fine of no more than $1,000.
Typical plea offers and diversion options
How quickly the case moves
Whether the initial paperwork is a ticket, summons, or formal complaint
Store Detention And Loss Prevention Interviews
Colorado law gives merchants certain protections for detaining and questioning suspected shoplifters under specific conditions. The language is in C.R.S. 18-4-407. For detention, retailers typically must observe a person concealing an item and leaving the store without paying.
For you, the practical issue is simple: statements made to loss prevention or police can become the strongest evidence against you.
Penalties, Consequences, And Outcomes
Theft penalties depend heavily on the alleged value and the facts. Even when jail is not likely, theft cases can still create lasting damage. Penalties for theft in Colorado depend on the value of the stolen property and can range from a petty offense to a felony. Theft valued between $300 and $2,000 is classified as a Class 2 Misdemeanor, punishable by up to 364 days in jail and a $1,000 fine. Class 1 misdemeanor theft in Colorado can result in up to 18 months in jail and a $5,000 fine for values between $750 and $2,000.
Criminal Penalties And Court Conditions
Depending on the charge level, a theft case can involve: For theft valued at under $50, it is classified as a Class 1 Petty Offense, punishable by up to 10 days in jail and a $300 fine. Theft valued between $50 and $300 is classified as a Class 3 Misdemeanor, with a maximum penalty of 6 months in jail.
Probation and reporting requirements
Community service
Fines and fees
Classes or treatment conditions
A permanent criminal conviction if not resolved favorably
Felony-level theft can raise the stakes quickly. If your case is charged as a felony, see our overview of felony defense lawyer in Colorado Springs resources. Theft valued at $2,000 or more is punishable by felony charges, resulting in more severe prison time and fines.
Restitution Is Common
Restitution is money ordered by the court to reimburse losses connected to the offense. It may include more than the price tag, depending on documentation and the court’s findings. The Colorado Judicial Branch explains how restitution is managed through the Office of Restitution Services.
Civil Demand Letters Are Separate From Criminal Court
Retailers sometimes send civil demand letters seeking payment, even if your criminal case is pending or never filed. Colorado’s civil damages statute often cited in these letters is C.R.S. 13-21-107.5. Retailers may pursue civil lawsuits to recover damages and additional penalties related to theft.
Paying a civil demand does not automatically end a criminal case. It can also create timing and documentation issues, so it is smart to get guidance before responding.
Collateral Consequences Beyond Court
Because theft is treated as a dishonesty offense, common ripple effects include:
Employment background checks and termination risks
Housing application denials
Professional licensing scrutiny
Security clearance problems
Immigration complications for non-citizens
Record Sealing And Moving Forward
Sealing eligibility depends on the outcome and the statute. Our firm’s expungement and sealing of records page explains the basics, and the Colorado Judicial Branch also provides a public guide called Seal My Case.
Colorado Theft And Shoplifting Charge Levels By Value
Alleged Value Of Property | Typical Theft Charge Level | Typical Court-Ordered Risks | Practical Consequences To Plan For |
|---|---|---|---|
Less than $300 | Petty offense | Fines, possible probation terms, restitution | Store ban, civil demand, background check issues |
$300 to less than $1,000 | Class 2 misdemeanor | Probation, community service, restitution, possible jail exposure | Employment and housing concerns |
$1,000 to less than $2,000 | Class 1 misdemeanor | Higher probation demands, restitution, possible jail exposure | Licensing and clearance reviews |
$2,000 to less than $5,000 | Class 6 felony | Felony conviction risk, tougher plea terms, restitution | Serious career and record impact |
$5,000 to less than $20,000 | Class 5 felony | Increased felony exposure, financial documentation battles | Major long-term collateral consequences |
$20,000 to less than $100,000 | Class 4 felony | High-stakes felony case with complex proof | Significant life disruptions |
$100,000 to less than $1,000,000 | Class 3 felony | Severe felony exposure | Major and lasting impacts |
$1,000,000 or more | Class 2 felony | Highest felony exposure | Extreme long-term consequences |
Defense Strategies And Practical Options
A strong defense plan is usually built around evidence, intent, and negotiation leverage, not just a quick explanation.
Evidence To Gather Right Away
Helpful items often include:
Receipts, bank statements, and order confirmations
Photos of tags, packaging, or return paperwork
Names of anyone who was with you
A written timeline while details are fresh
Copies of any store documents you were asked to sign
Defenses That Often Apply In Shoplifting Cases
Depending on the facts, common defense themes include: Mistake or lack of intent, misidentification or unclear video, incomplete footage or missing context, disputed value or inflated loss claims, and coercive or misleading loss prevention interviews. Lack of evidence is the defense that is used to force the prosecution to prove that you committed a crime.
Mistake or lack of intent
Misidentification or unclear video
Incomplete footage or missing context
Disputed value or inflated loss claims
Coercive or misleading loss prevention interviews
Mistaken identity is a situation in which the person who accuses you of the crime cannot pick you out of a lineup.
Duress is an affirmative defense in which the shoplifting is committed under coercion or as a result of violence, threat, or pressure of another person. Choice of evils, or justification, is an affirmative defense that applies to any criminal act where the crime was committed to avoid committing a greater crime.
Mistake or lack of intent
Misidentification or unclear video
Incomplete footage or missing context
Disputed value or inflated loss claims
Coercive or misleading loss prevention interviews
Negotiation Options That Can Reduce Long-Term Damage
Some cases may be eligible for diversion, deferred judgment, or a negotiated outcome that avoids a conviction. Options vary by court, prosecutor, and facts, and they often come with strict compliance requirements.
What To Expect Next In The Process
Most theft cases follow a familiar path, even though the details differ between municipal court and state court.
After The Stop
You may receive a summons, a ticket, or an arrest. If the police want an interview, you can politely decline and request counsel before answering questions.
First Court Date And Timeline
Early court dates usually cover advisement, entry of a plea, and scheduling. Missing court is one of the quickest ways to make a bad situation worse, so calendar every date and follow bond conditions closely.
Discovery, Motions, And Case Resolution
Your attorney will typically review video and reports, evaluate legal issues, and negotiate with the prosecutor. If the case does not resolve, trial preparation focuses on whether the state can prove identity, intent, and value beyond a reasonable doubt. Attorneys with experience in theft and shoplifting cases can help clients navigate the complexities of the legal system. Entrapment occurs when members of law enforcement set up a sting or use deception to catch people in the act of a crime.
FAQ
Will I Go To Jail For First-Time Shoplifting In Colorado Springs?
Many first-time cases resolve without jail, but it depends on the facts, the charge level, and your history. A lawyer can assess your realistic risk after reviewing reports and video.
Can I Pay The Store And Make The Criminal Case Go Away?
Not automatically. Civil demands and restitution are separate from criminal charges, and payment alone does not guarantee dismissal.
What If I Accidentally Walked Out Without Paying?
Lack of intent can be a real defense. Preserve receipts, payment records, and witness details and avoid making rushed statements.
Can A Store Ban Me Even If Charges Are Dropped?
Yes. A store can issue a trespass notice or ban independent of the court case.
Is Shoplifting Treated As Theft Under Colorado Law?
Most of the time, yes. The core dispute is usually what the evidence proves about intent and value.
How Long Will A Theft Charge Stay On My Record?
It depends on the outcome and the specific record type. Some cases may be eligible for sealing later, while others may not.
Conclusion
The best theft defense work often happens early, before statements get locked in and before evidence disappears. If you are facing theft or shoplifting allegations in Colorado Springs, an early case review can help you understand your options and avoid common mistakes.
If you want to discuss next steps, you can request a free consultation.
About The Author: Michael W. Moran
Michael W. Moran is a Colorado Springs criminal defense attorney who represents people accused of theft and other criminal offenses in El Paso County and nearby communities. Learn more about Michael W. Moran.