If you're facing theft charges in Aurora, Colorado, you likely have urgent questions about what comes next. Whether you've been accused of shoplifting, burglary, or another property crime, understanding the distinctions between these charges—and the potential consequences—can help you make informed decisions about your defense. Colorado law treats theft offenses differently depending on the value of the property involved, the circumstances of the alleged crime, and your prior criminal history.
This guide explains the basics of theft-related charges in Colorado, what to expect if you're arrested in Aurora, and how a defense attorney can help protect your rights. While this information is meant to clarify common legal concepts, it's not a substitute for legal advice. If you're facing charges, speaking with a qualified attorney who understands Colorado law is your best next step.
Understanding Theft Offenses in Colorado
Colorado law defines theft as knowingly obtaining, retaining, or exercising control over someone else's property without authorization, with the intent to permanently deprive the owner of its use or benefit. This broad definition covers a range of offenses, from shoplifting merchandise worth a few dollars to stealing property valued at thousands.
The severity of theft charges in Colorado depends primarily on the value of the stolen property. Theft is classified into several categories under Colorado Revised Statutes § 18-4-401:
- Petty theft: Property valued at less than $300. This is typically a petty offense or misdemeanor.
- Class 2 misdemeanor theft: Property valued between $300 and $749.
- Class 1 misdemeanor theft: Property valued between $750 and $1,999.
- Class 4 felony theft: Property valued between $2,000 and $4,999.
- Class 3 felony theft: Property valued between $5,000 and $19,999.
- Class 2 felony theft: Property valued at $20,000 or more.
Other factors can elevate the charge as well. For example, theft from an at-risk adult or person with a disability, or theft that occurs during a declared state of emergency, may result in enhanced penalties even if the property value would otherwise suggest a lesser charge.
Shoplifting vs. Other Theft Charges
Shoplifting is a common form of theft, but in Colorado, it's not a separate criminal offense with its own statute. Instead, shoplifting falls under the general theft statute. What most people call "shoplifting"—taking merchandise from a retail store without paying—is prosecuted as theft, and the charge level depends on the value of the items taken.
That said, shoplifting cases often involve specific circumstances that can affect how they're prosecuted. Retailers in Colorado commonly use civil demand letters to recover losses from alleged shoplifters, separate from any criminal charges. These letters demand payment for the value of the merchandise plus additional penalties. Receiving a civil demand does not mean criminal charges won't follow, and paying it does not resolve any criminal case you may face.
If you're accused of shoplifting in Aurora, the charge will reflect the value of the merchandise you allegedly took. A first-time offense involving items worth less than $300 might be charged as a petty offense, while repeated offenses or higher-value items can result in misdemeanor or felony charges.
What Burglary Means Under Colorado Law
Burglary is a separate and more serious offense than theft. While theft involves taking someone else's property, burglary involves unlawfully entering or remaining in a building or occupied structure with the intent to commit a crime inside. That crime doesn't have to be theft—it could be assault, vandalism, or another offense—but theft is often the intended crime in burglary cases.
Colorado law defines several degrees of burglary under C.R.S. § 18-4-202 through § 18-4-204:
- Third-degree burglary: Unlawfully entering or remaining in a building with intent to commit a crime. This is typically a Class 5 felony, but it can be a Class 4 felony if the objective is to steal a controlled substance.
- Second-degree burglary: Burglary of a dwelling (a place where someone lives). This is a Class 4 felony, or a Class 3 felony if the objective is to steal a controlled substance or the person commits assault or menacing during the burglary.
- First-degree burglary: Burglary of a dwelling where the person assaults or menaces someone, or uses or possesses a deadly weapon. This is a Class 3 felony.
Burglary charges carry harsher penalties than simple theft because they involve unlawful entry and often pose a greater threat to public safety. Even if nothing is stolen, the act of unlawfully entering a structure with criminal intent is enough to support a burglary charge.
Other Property Crimes You May Face in Aurora
Beyond theft and burglary, Colorado law recognizes several related property crimes that you might be charged with depending on the circumstances:
Criminal trespass: Unlawfully entering or remaining on someone else's property. This can range from a petty offense to a Class 5 felony, depending on whether the property is enclosed, whether you were warned not to enter, and other factors.
Robbery: Theft that involves the use of force, threats, or intimidation. Robbery is always a felony in Colorado, ranging from a Class 5 felony for simple robbery to a Class 2 felony for aggravated robbery involving a deadly weapon.
Criminal mischief: Knowingly damaging someone else's property. The charge level depends on the amount of damage caused, with damages under $300 typically charged as a Class 3 misdemeanor and damages over $1,000 rising to felony levels.
Possession of burglary tools: Possessing tools with the intent to use them to commit burglary or theft. This is a Class 5 felony in Colorado.
Each of these charges has distinct elements that prosecutors must prove, and each carries different potential penalties. An experienced defense attorney can evaluate the specific facts of your case to determine which defenses might apply.
Penalties for Theft and Property Crimes in Colorado
The penalties for theft and property crimes in Colorado vary widely based on the charge level and your criminal history. Here's what you might face:
Petty offenses: Up to 10 days in jail and/or fines up to $300.
Class 2 misdemeanors: Up to 120 days in jail and/or fines between $250 and $1,000.
Class 1 misdemeanors: Up to 364 days in jail and/or fines between $500 and $5,000.
Class 5 felonies: 1 to 3 years in prison and fines of $1,000 to $100,000 (though probation is often an option for first-time offenders).
Class 4 felonies: 2 to 6 years in prison and fines of $2,000 to $500,000.
Class 3 felonies: 4 to 12 years in prison and fines of $3,000 to $750,000.
Class 2 felonies: 8 to 24 years in prison and fines of $5,000 to $1,000,000.
First-time offenders charged with lower-level felonies may be eligible for probation, deferred sentencing, or diversion programs that allow them to avoid jail time and potentially have the charges dismissed after completing certain requirements. However, repeat offenses, aggravating factors, or more serious charges can result in mandatory prison sentences.
Beyond criminal penalties, a theft conviction can have long-lasting collateral consequences. A felony record can affect your ability to find employment, secure housing, obtain professional licenses, or access federal benefits like student loans. Even misdemeanor convictions can create barriers, particularly in fields that require background checks or involve financial responsibilities.
How a Defense Attorney Can Help
If you're facing theft, burglary, or property crime charges in Aurora, a defense attorney's role is to protect your rights, challenge the prosecution's case, and work toward the best possible outcome. Here's what that might involve:
Reviewing the evidence: Your attorney will examine how evidence was collected, whether your rights were violated during the investigation or arrest, and whether the prosecution can actually prove each element of the charge beyond a reasonable doubt.
Identifying defenses: Depending on the facts, possible defenses might include lack of intent, mistaken identity, claim of right (believing you had permission to take the property), or insufficient evidence. Your attorney can assess which defenses apply to your situation.
Negotiating with prosecutors: In many cases, an attorney can negotiate with the District Attorney's office to reduce charges, secure a plea agreement with lesser penalties, or advocate for diversion programs that allow you to avoid a conviction altogether.
Representing you in court: If your case goes to trial, your attorney will present your defense, cross-examine witnesses, and argue on your behalf before a judge or jury.
Exploring alternatives to incarceration: For eligible defendants, alternatives like deferred sentencing, community service, restitution, or treatment programs may be available. Your attorney can advocate for these options when appropriate.
Even if you believe the evidence against you is strong, an attorney can often find weaknesses in the prosecution's case or negotiate a better outcome than you would achieve on your own. Colorado's legal system is complex, and having someone who understands local courts, prosecutors, and procedures can make a significant difference.
What to Do If You're Arrested
If you're arrested for a theft-related offense in Aurora, what you do immediately after can affect your case. Here are some practical steps:
Exercise your right to remain silent. You are not required to answer questions from police beyond providing your name and identification. Anything you say can be used against you, so politely decline to discuss the allegations until you have an attorney present.
Do not consent to searches. If police ask to search your vehicle, home, or belongings, you have the right to refuse unless they have a warrant. Consenting to a search can make it easier for prosecutors to use evidence against you.
Request an attorney. As soon as you're able, tell the arresting officers that you want to speak with a lawyer. This invokes your constitutional right to counsel, and police must stop questioning you once you've made this request.
Avoid making statements on social media. Do not post about your arrest, the charges, or the circumstances on social media. Prosecutors and investigators often review defendants' online activity, and your posts can be used as evidence.
Document what you remember. Once you're released, write down everything you remember about the arrest, including what was said, who was present, and any potential witnesses. This information can be valuable to your attorney.
Contact a defense attorney as soon as possible. The earlier an attorney gets involved, the more they can do to protect your interests. In some cases, early intervention can prevent charges from being filed or lead to a quicker resolution.
Finding the Right Attorney in Aurora
Not every criminal defense attorney has the same experience or approach. When you're looking for representation in Aurora, consider asking potential attorneys these questions:
- How much of your practice focuses on theft and property crime cases in Colorado?
- Have you handled cases in Arapahoe County courts before, and are you familiar with local prosecutors and judges?
- What are the possible outcomes in my case, and what strategy would you recommend?
- What are your fees, and how do you structure payment?
- Will you be handling my case personally, or will another attorney or staff member be involved?
You have the right to feel confident in your attorney's ability to represent you. If something doesn't feel right during your initial consultation, it's okay to speak with other lawyers before making a decision.
If you're ready to search for a qualified theft defense attorney in Aurora, you can start by exploring lawyers in your area who focus on criminal defense and property crimes. Understanding your options and taking that first step can help you move forward with clarity and confidence.
Frequently Asked Questions
What is the difference between shoplifting and grand theft in Colorado?
Colorado does not use the term "grand theft" in its statutes. Shoplifting is prosecuted under the general theft statute, and the charge level depends on the value of the property taken. Theft of property valued at less than $2,000 is typically charged as a misdemeanor, while theft of property valued at $2,000 or more is charged as a felony. The term "shoplifting" simply refers to theft from a retail store, but legally it's treated the same as any other theft based on the dollar value involved.
Can theft charges be dropped or reduced in Aurora?
Yes, theft charges can sometimes be dropped or reduced, depending on the circumstances of your case and the strength of the evidence against you. Prosecutors may agree to reduce charges as part of a plea agreement, particularly if you're a first-time offender, if restitution is made to the victim, or if there are weaknesses in the prosecution's case. Additionally, Colorado offers diversion programs for eligible defendants that can result in charges being dismissed after completing certain requirements. An experienced defense attorney can negotiate with prosecutors and advocate for reduced charges or alternative resolutions.
What are the penalties for first-time theft offenses in Colorado?
Penalties for first-time theft offenses in Colorado depend on the value of the stolen property. Theft under $300 is often charged as a petty offense or Class 2 misdemeanor, with penalties including fines and up to 120 days in jail. Theft between $750 and $1,999 is a Class 1 misdemeanor, carrying up to 364 days in jail and fines up to $5,000. Felony theft charges apply when property is valued at $2,000 or more, with potential prison sentences ranging from 1 to 3 years for lower-level felonies. First-time offenders may be eligible for probation, deferred sentencing, or diversion programs that allow them to avoid jail time and potentially avoid a conviction on their record.
What should I do if I'm arrested for theft in Aurora?
If you're arrested for theft in Aurora, the most important steps are to remain silent and request an attorney. Do not answer questions from police beyond providing your identification—anything you say can be used against you in court. Politely decline to consent to any searches unless officers have a warrant. Once you invoke your right to an attorney, police must stop questioning you. After your release, avoid posting about your arrest on social media and document everything you remember about the incident. Contact a criminal defense attorney as soon as possible to protect your rights and begin building your defense.