Whether you’re facing shoplifting accusations or a felony Theft charge involving thousands of dollars, Theft in Weld County, Colorado is a serious offense that can result in jail time, fines, and a permanent criminal record.
As Colorado criminal defense attorneys, we often hear from people who are shocked to learn how severe Theft charges can be—even for first-time offenders. In this post, we’ll explain:
- How Colorado defines Theft
- The different levels of Theft charges
- Potential penalties
- What to do if you’re being investigated or have been charged
Greeley Theft Defense Lawyer: How Is Theft Defined Under Colorado Law?
Colorado’s Theft statute—C.R.S. § 18-4-401—defines theft broadly.
You can be charged with theft if you knowingly:
In simpler terms, theft is taking something that doesn’t belong to you, without permission, and intending to keep it.
This can apply to a wide range of situations, including:
- Shoplifting or retail theft
- Stealing from an employer (employee theft)
- Keeping lost property without trying to return it
- Using deception to obtain money or property
- Failing to return rental property (e.g., cars, equipment)
What Are the Levels of Theft Charges in Milliken and Johnstown, Colorado?
Colorado classifies Theft based on the value of the item(s) allegedly stolen:
|
Value of Property |
Charge Level |
Possible Penalties |
| Less than $300 | Petty offense | Up to 10 days in jail, fines up to $300 |
| $300 to <$1,000 | Class 2 misdemeanor | Up to 120 days jail, fines up to $750 |
| $1,000 to <$2,000 | Class 1 misdemeanor | Up to 364 days jail, fines up to $1,000 |
| $2,000 to <$5,000 | Class 6 felony | 12–18 months prison, fines up to $100,000 |
| $5,000 to <$20,000 | Class 5 felony | 1–3 years prison, fines up to $100,000 |
| $20,000 to <$100,000 | Class 4 felony | 2–6 years prison, fines up to $500,000 |
| $100,000 to <$1,000,000 | Class 3 felony | 4–12 years prison, fines up to $750,000 |
| $1,000,000 or more | Class 2 felony | 8–24 years prison, fines up to $1 million |
Important: You can be charged with a felony even if no single item is worth much. If prosecutors combine the value of multiple stolen items over time, you could face serious charges.
Can I Be Charged with Theft in Erie Even If I Didn’t “Steal” Something?
Yes. Theft charges can be based on deception, fraud, or even failing to return something (like a rental car). Some examples:
- Taking something and claiming you intended to return it later
- Scanning fake barcodes to get a lower price
- Using someone else’s credit card
- Not returning a U-Haul or rented equipment
The law doesn’t require you to “run out of the store” to face Theft charges. Intent is key, and prosecutors try to prove it using evidence like behavior, surveillance footage, or statements made to police or store personnel.
If you or someone you love has been charged with Theft, be smart, exercise your right to remain silent, and contact the best criminal defense attorneys from the O’Malley Law Office at 970-616-6009 to schedule a free initial consultation. Together, we can protect your future.
Photo by Tima Miroshnichenko