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Theft Crimes in Colorado

Charges, Penalties, & Defense

Facing theft charges in Colorado can create immediate stress and uncertainty. Theft offenses can lead to criminal penalties ranging from fines and probation to lengthy prison sentences, depending on the circumstances of the alleged offense.6 A conviction can also create lasting consequences that affect employment opportunities, housing applications, professional licensing, and financial stability.

Understanding how Colorado law treats theft and theft-related offenses can help individuals make informed decisions about their legal situation. This page explains what qualifies as theft under Colorado law, how theft crimes are classified, the potential penalties involved, and how related property crimes such as shoplifting, burglary, motor vehicle theft, and robbery might be charged.

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If you are facing theft-related charges or believe you may be under investigation, call the Law Office of Kevin Cahill at 720-445-9887 to schedule a free consultation.

What is Considered Theft Under Colorado Law?

Colorado law (C.R.S. § 18-4-401) generally defines theft as knowingly obtaining, retaining, or exercising control over anything of value belonging to another person without authorization, or by threat or deception, with the required intent under the statute.6 In many cases, theft involves taking property without permission, but Colorado theft laws can also apply to a wider range of conduct involving property, money, services, rented items, or deception.

Theft allegations might involve…

  • Taking property without permission
  • Using deception or threats to obtain property or services
  • Retaining property after permission has ended
  • Failing to return rented property
  • Possessing or controlling property alleged to be stolen
  • Retail theft or shoplifting allegations, including parental responsibility

Theft is different from robbery, burglary, and motor vehicle theft. Simply put, robbery involves taking something from a person or their presence through force, threats, or intimidation.11 Burglary focuses on unlawfully entering or remaining somewhere with intent to commit another crime.12 Motor vehicle theft has its own degree-based statutory structure.13 These offenses are often grouped with theft crimes, but each has its own legal elements and potential penalties, which we’ll explore.

Theft Classifications in Colorado

The severity of a theft charge in Colorado usually depends on the value of the property, services, or other thing of value allegedly taken. As the dollar amount increases, the potential charge level and sentencing exposure generally increase as well.

colorado-theft-charges-at-a-glance

These classifications mean that some theft cases may be prosecuted as lower-level offenses, while others may lead to serious felony charges with substantial prison exposure. Although felony theft charges carry the most severe consequences, misdemeanor and petty theft convictions can still result in incarceration, fines, a criminal record, and long-term collateral consequences.6

Additional consequences could include restitution, probation supervision, community service, treatment or education requirements, and employment or professional licensing difficulties. Because theft charges can quickly escalate based on the alleged value involved, it’s important to evaluate the precise charge, the prosecution’s valuation evidence, and the surrounding facts.

Shoplifting Charges in Colorado

Shoplifting is one of the most common theft-related charges in Colorado. Although people often think of shoplifting as a minor retail offense, it’s still prosecuted under Colorado’s theft statute.6 It should also be noted that C.R.S. §18-4-406 addresses the concealment of goods, establishing that willfully concealing unpurchased merchandise constitutes prima facie evidence of intent to commit theft, which allows merchants to legally detain suspected shoplifters.7

Shoplifting allegations might involve claims that a person…

  • Left a store without paying for merchandise
  • Concealed merchandise while inside a store
  • Switched price tags or packaging
  • Used self-checkout in a way the store claims was deceptive
  • Returned or attempted to return merchandise fraudulently
  • Worked with another person to remove merchandise from a retail store

Because shoplifting is usually charged as theft, the value of the merchandise determines whether the case is treated as a petty offense, misdemeanor, or felony.6 Multiple alleged thefts might also be combined in some circumstances, which can increase the total value and the seriousness of the charge.

Shoplifting & Theft Detection Devices

Colorado law also addresses theft detection devices and tools designed to avoid retail theft detection systems. C.R.S. § 18-4-417 establishes that a person can face additional allegations for knowingly possessing or using a theft detection shielding or deactivating device, or for removing or deactivating a store’s theft detection device without authorization before purchase.10 These allegations can make a retail theft case more serious because prosecutors might argue that the device or conduct shows planning, intent, or a broader theft scheme.

Common Defense Issues in Colorado Shoplifting Cases

Shoplifting cases often turn on intent, identification, surveillance footage, store procedures, and whether the accused knowingly took or concealed merchandise. Common defense issues might include…

  • Whether the person intended to steal or made a mistake
  • Whether merchandise was accidentally left in a cart, bag, or self-checkout area
  • Whether the store correctly identified the accused
  • Whether surveillance footage clearly supports the allegation
  • Whether the value of the merchandise is accurate
  • Whether store employees or police violated the accused person’s rights

Burglary Charges in Colorado

Burglary is often discussed alongside theft crimes, but it’s not the same as simple theft. While theft focuses on taking or controlling property without authorization, burglary focuses on unlawfully entering or remaining in a building, occupied structure, or certain secured property with the intent to commit another crime inside.12 That intended crime might be theft, but it could also involve assault, criminal mischief, or another offense.

This distinction matters because a person can face burglary charges even if no property was actually taken. The prosecution must focus on the unlawful entry or unlawful remaining, along with the alleged intent to commit a crime.

First Degree Burglary

First degree burglary is the most serious burglary charge in Colorado. It generally involves knowingly entering unlawfully, or remaining unlawfully after a lawful or unlawful entry, in a building or occupied structure with intent to commit a crime against a person or property, plus aggravating conduct. This could include assaulting or menacing someone, being armed with explosives, using a deadly weapon, or possessing and threatening the use of a deadly weapon while entering, inside, or fleeing from the structure. First degree burglary is considered a class 3 felony in Colorado.1

Second Degree Burglary

Second degree burglary generally involves knowingly breaking into, entering unlawfully, or remaining unlawfully in a building or occupied structure with intent to commit a crime against another person or property.2 This is the burglary charge most people think of when they imagine someone unlawfully entering a home, business, or other structure intending to commit theft or another crime.

Second degree burglary can be charged at different felony levels depending on the type of structure and other facts involved. For example, burglary of a dwelling is treated more seriously than some other second degree burglary allegations.2

Third Degree Burglary

Third degree burglary is different from first and second degree burglary because it focuses on breaking into or entering certain secured containers or devices rather than a building or occupied structure. These cases may involve allegations involving a vault, safe, cash register, coin vending machine, product dispenser, safety deposit box, or similar secured property.

Under current Colorado law, third degree burglary is generally a class 2 misdemeanor. It becomes a class 1 misdemeanor if the objective is theft of a controlled substance lawfully kept in or upon the property burglarized.3

Common Defense Issues in Colorado Burglary Cases

The right defense depends on the facts, but common issues in burglary cases might include…

  • Whether the person entered or remained unlawfully
  • Whether the prosecution can prove intent to commit another crime
  • Whether the property was a building, occupied structure, or secured container covered by the charged statute
  • Whether the accused had permission or believed they had permission to enter
  • Whether witness identification, surveillance footage, or physical evidence is reliable
  • Whether the case is overcharged as burglary when the facts support trespass or another lesser offense

Motor Vehicle Theft in Colorado

Motor vehicle theft is one of the most serious theft-related offenses in Colorado. Unlike ordinary theft, which is usually classified by the value of the property involved, motor vehicle theft has its own statutory framework and degree-based penalty structure, outlined in C.R.S. § 18-4-409.

Colorado motor vehicle theft generally involves knowingly obtaining or exercising control over another person’s motor vehicle without authorization, or by threat or deception.8 These cases may involve allegations that a person took a vehicle, kept a vehicle without permission, used deception to gain control of a vehicle, or remained in possession of a vehicle after authorization ended.

Third Degree Motor Vehicle Theft

Third degree motor vehicle theft is generally the lowest felony level of motor vehicle theft in Colorado. It often applies when a person knowingly obtains or exercises control over another person’s vehicle without authorization and no higher-degree aggravating factors are alleged. Third degree motor vehicle theft is a class 5 felony.8

Second Degree Motor Vehicle Theft

Second degree motor vehicle theft applies when aggravating circumstances are present. These might include allegations that the person retained possession of the vehicle for 24 hours or more, attempted to alter or disguise the vehicle’s appearance, attempted to alter or remove the vehicle identification number, used the vehicle in the commission of another crime, caused bodily injury while in control of the vehicle, or took a vehicle displaying disability license plates or placards. Second degree motor vehicle theft is a class 4 felony.8

First Degree Motor Vehicle Theft

First degree motor vehicle theft is the most serious level of motor vehicle theft in Colorado. It generally applies when a person has two or more prior convictions for motor vehicle theft or unauthorized use of a motor vehicle, whether those prior convictions occurred in Colorado or another state. First degree motor vehicle theft is a class 3 felony.8

Unauthorized Use of a Motor Vehicle

In addition to motor vehicle theft, Colorado also recognizes a separate offense called unauthorized use of a motor vehicle. This can apply when someone uses another person’s vehicle without authorization in circumstances that may not support a full motor vehicle theft charge. A first offense is generally a class 1 misdemeanor, while a second or subsequent offense is a class 5 felony.9

vehicle-theft-vs-unauthorized-use

Common Defense Issues in Motor Vehicle Theft Cases

Motor vehicle theft cases often turn on authorization, intent, identity, and the circumstances surrounding possession of the vehicle. Common defense issues might include…

  • Whether the accused had permission to use the vehicle
  • Whether permission was misunderstood, revoked, or disputed
  • Whether the accused knew the vehicle was stolen
  • Whether the prosecution can prove who actually drove or controlled the vehicle
  • Whether aggravating factors support a higher-degree charge
  • Whether police lawfully stopped, searched, or questioned the accused

Robbery Charges in Colorado

Robbery is closely related to theft, but it’s much more serious because it involves taking something from another person through force, threats, or intimidation. Theft generally focuses on property being taken or controlled without authorization, whereas robbery focuses on taking something of value from the person or presence of another.11

That distinction matters because robbery is treated as a violent felony in Colorado. Even if the property involved has a low dollar value, the use of force, threats, or intimidation can make the case far more serious than an ordinary theft charge, as per C.R.S. § 18-4-301.4

Robbery allegations can arise in many different situations, including…

  • Taking a wallet, purse, phone, or other property by force
  • Threatening someone while taking money or property
  • Using intimidation to take property from a person or business
  • Carjacking allegations involving force, threats, or intimidation
  • Commercial robberies involving stores, gas stations, restaurants, or other businesses
  • ATM, rideshare, delivery-driver, or cab-driver robbery allegations

Simple Robbery

Under Colorado law, robbery occurs when a person knowingly takes anything of value from the person or presence of another by the use of force, threats, or intimidation. In Colorado, robbery is a class 4 felony. Because the offense involves force or intimidation against another person, the penalties and collateral consequences can be much more serious than many ordinary theft cases.4

Aggravated Robbery

Aggravated robbery is a more serious form of robbery. It can be charged when a robbery involves a deadly weapon, the use or threatened use of a deadly weapon, a person being struck or wounded with a deadly weapon, an armed accomplice, or an object used or represented in a way that makes someone reasonably believe it is a deadly weapon. Aggravated robbery is generally a class 3 felony and is treated as an extraordinary risk crime in Colorado.5 In some circumstances, aggravated robbery might also trigger violent-crime sentencing rules.

Common Defense Issues in Robbery Cases

Robbery cases often turn on whether the prosecution can prove force, threats, intimidation, identity, and intent. Common defense issues might include…

  • Whether the property was actually taken from the person or presence of another
  • Whether force, threats, or intimidation were used
  • Whether the case is overcharged as robbery when the facts support theft or another lesser offense
  • Whether a weapon was actually present, used, threatened, or reasonably believed to be present
  • Whether witness identification or surveillance evidence is reliable
  • Whether police obtained evidence or statements unlawfully
theft-vs-robbery-colorado

The Colorado Theft Court Process

Theft and property-crime cases in Colorado typically proceed through several stages within the criminal justice system. The exact process depends on whether the case is charged as a petty offense, misdemeanor, or felony.

Some Colorado theft cases begin with an arrest, while others involve longer investigations before formal charges are filed. Retail theft cases might begin with store security, while burglary, robbery, or motor vehicle theft cases might involve police investigation, surveillance footage, witness statements, fingerprints, or other physical evidence.

At the initial court appearance, the judge will inform the defendant of the charges and potential penalties. The court might also address bond, release conditions, protection orders, or other restrictions. For some felony theft-related charges, a preliminary hearing may occur where the court determines whether sufficient evidence exists for the case to proceed.

Furthermore, both sides then review the evidence during the discovery process. This might include…

  • Surveillance footage
  • Financial records
  • Witness statements
  • Police reports
  • Store-loss-prevention records
  • Vehicle recovery records
  • Digital communications or location evidence

Some cases are resolved through plea agreements, diversion programs, restitution agreements, or negotiated reductions. Others proceed to trial, where the prosecution must prove every element of the charged offense beyond a reasonable doubt.

Potential Defenses to Theft Charges

Every criminal case is unique, and defense strategies depend on the specific facts involved. However, there are several legal defenses that might arise in theft and property-crime cases. These include…

  • Lack of Intent:
    • The prosecution must prove that the accused acted with the required intent. In ordinary theft cases, that often means proving more than mistake, confusion, or poor judgment.
  • Mistaken Identity:
    • Surveillance footage, eyewitness testimony, and store or police reports may be challenged if identification is unreliable or incomplete.
  • Permission or Authorization:
    • Some cases involve disputes over whether the accused had permission to use, borrow, enter, possess, or control the property involved.
  • Ownership or Value Disputes:
    • Cases might also involve disagreements about who owned the property, whether it was actually taken, or how much it was worth. Value can be especially important when it determines whether a case is charged as a petty offense, misdemeanor, or felony.
  • Insufficient Evidence:
    • Prosecutors must prove every element of the offense beyond a reasonable doubt. Weak or incomplete evidence can create opportunities to challenge the charge.
  • Constitutional Violations:
    • Evidence obtained through unlawful searches, improper stops, coerced statements, or other police misconduct may be challenged in court.

These examples are provided for general educational purposes only. Defense strategies depend on the specific circumstances of each case.

Consequences of a Theft Conviction in Colorado

As mentioned, a theft conviction in Colorado can carry long-term consequences beyond criminal penalties. Even a lower-level theft offense can affect a person’s record, reputation, employment prospects, and future opportunities. Common theft conviction consequences might include…

  • A Criminal Record:
    • A conviction can remain on a person’s criminal history and might appear in background checks.
  • Employment Challenges:
    • Many employers review criminal history during hiring decisions. Theft-related convictions can be especially damaging for positions involving money, trust, inventory, retail work, driving, security, finance, or professional responsibility.
  • Housing and Financial Limitations:
    • Landlords and lenders might also consider criminal history when reviewing applications.
  • Professional Licensing Issues:
    • Certain professions require background checks that may be affected by theft-related convictions, particularly when the offense is viewed as involving dishonesty or breach of trust.
  • Restitution and Financial Consequences:
    • In addition to fines and court costs, a person convicted of theft or a related property offense in Colorado might be ordered to pay restitution for losses, damage, or other financial harm connected to the case.

Speaking With a Denver Theft Defense Attorney

An experienced Denver theft defense attorney can evaluate the circumstances of a case, explain how Colorado law applies to the allegations, and help individuals understand the legal options available.

Cahill Criminal Defense represents individuals facing theft, shoplifting, burglary, motor vehicle theft, robbery, and other property-crime charges in Denver, Glendale, Englewood, and surrounding communities throughout Colorado. Anyone who’s been arrested, charged, or believes they might be under investigation for a theft-related offense can benefit from consulting the experts at Cahill Criminal Defense to better understand their rights and potential defense options.

Contact Us Today

Call 720-445-9887 to schedule a free consultation and begin protecting your rights, your record, and your future.

Theft Charges in Colorado: Frequently Asked Questions

Theft generally involves knowingly taking, keeping, or controlling another person’s property or something of value without authorization, or by deception or threat, with the required intent under Colorado law.6

Yes. Theft can become a felony depending on the value of the property or services involved. Under Colorado law, theft involving $2,000 or more is generally charged as a felony.6

The lowest level theft offense generally involves property valued at less than $300 and can be treated as a petty offense.6

Theft focuses on taking or controlling another person’s property. Burglary focuses on unlawfully entering or remaining in a building, occupied structure, or secured property with intent to commit another crime inside.12 A person can face burglary allegations even if no property was actually taken.

Under Colorado law, robbery involves taking something of value from a person or their presence by force, threats, or intimidation.4 Theft does not necessarily involve direct confrontation, force, or threats against another person.

Motor vehicle theft is charged under a separate Colorado statute and is typically a felony.8 Colorado also has a separate “unauthorized use of a motor vehicle” offense that might apply in more limited circumstances.9

In some cases, theft charges can be reduced, dismissed, or resolved through negotiations, diversion programs, restitution agreements, or other legal options depending on the facts and the person’s history. To achieve the best possible outcome, it’s important to contact an experienced criminal defense attorney at the earliest convenience.

You should be careful about making statements to law enforcement or authorities before getting legal advice first. Statements to police, store security, investigators, or alleged victims can later be used as evidence. Early legal representation is paramount.

Resources

Below are some helpful resources for victims of Colorado theft crimes:

  1. For victims of Colorado motor vehicle theft:
  2. For victims of violent or financially-imparing Colorado theft crimes:
  3. For victims of identity theft crimes in Colorado:
  4. For victims of other general Colorado theft crimes:

References

1. Colo. Rev. Stat. § 18-4-202 (2025). https://colorado.public.law/statutes/crs_18-4-202

2. Colo. Rev. Stat. § 18-4-203 (2025). https://colorado.public.law/statutes/crs_18-4-203

3. Colo. Rev. Stat. § 18-4-204 (2025). https://colorado.public.law/statutes/crs_18-4-204

4. Colo. Rev. Stat. § 18-4-301 (2025). https://colorado.public.law/statutes/crs_18-4-301

5. Colo. Rev. Stat. § 18-4-302 (2025). https://colorado.public.law/statutes/crs_18-4-302

6. Colo. Rev. Stat. § 18-4-401 (2025). https://colorado.public.law/statutes/crs_18-4-401

7. Colo. Rev. Stat. § 18-4-406 (2025). https://colorado.public.law/statutes/crs_18-4-406

8. Colo. Rev. Stat. § 18-4-409 (2025). https://colorado.public.law/statutes/crs_18-4-409

9. Colo. Rev. Stat. § 18-4-409.5 (2025). https://colorado.public.law/statutes/crs_18-4-409.5

10. Colo. Rev. Stat. § 18-4-417 (2025). https://colorado.public.law/statutes/crs_18-4-417

11. Federal Bureau of Investigation. (2011). Crime in the United States, 2010: Motor vehicle theft. U.S. Department of Justice. https://ucr.fbi.gov/crime-in-the-u.s/2010/crime-in-the-u.s.-2010/property-crime/mvtheftmain

12. Federal Bureau of Investigation. (2011). Crime in the United States, 2010: Robbery. U.S. Department of Justice. https://ucr.fbi.gov/crime-in-the-u.s/2010/crime-in-the-u.s.-2010/violent-crime/robberymain

13. Federal Bureau of Investigation. (2019). Crime in the United States, 2018: Burglary. U.S. Department of Justice. https://ucr.fbi.gov/crime-in-the-u.s/2018/crime-in-the-u.s.-2018/topic-pages/burglary

Attorney Kevin Cahill

ATTORNEY KEVIN CAHILL

Denver Defense Lawyer Kevin Cahill never assumes that your case is a lost cause. He is a confident and fearless litigator who refuses to back down when he is fighting to protect the rights of his clients. Regardless of whether you are facing a felony or a misdemeanor, it is vital that you take the charges seriously and seek out legal representation as soon as possible so you can start building your defense.

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