If you've been charged with theft or a property crime in Denver, you're likely facing serious questions about what comes next, what penalties you might face, and what your legal options are. Colorado takes property crimes seriously, and even charges that seem minor can carry consequences that affect your employment, housing, and criminal record for years. Understanding what you're dealing with—and when you need a criminal defense attorney—can make a significant difference in how your case resolves.
This guide explains how Colorado classifies theft and property crimes, what penalties you might face, what happens during the criminal process in Denver, and how to find the right defense attorney to protect your rights. We'll focus on Colorado-specific law and procedure so you know exactly what applies in your situation.
How Colorado Classifies Theft and Property Crimes
Colorado law divides theft and property crimes into several categories, each with different elements and penalties. The most common charges you'll encounter in Denver include theft, shoplifting, burglary, criminal mischief, and trespassing. What you're charged with depends on what prosecutors believe happened, the value of the property involved, and the circumstances of the alleged offense.
Theft in Colorado generally means knowingly taking something that belongs to someone else without permission and with the intent to permanently deprive them of it. Colorado Revised Statutes § 18-4-401 is the main theft statute. The charge level depends on the value of what was allegedly taken. If the property is worth less than $300, you'll typically face a petty offense or misdemeanor. Between $300 and $1,000, it's usually a class 2 misdemeanor. Between $1,000 and $2,000 is a class 1 misdemeanor. Once the value exceeds $2,000, theft becomes a felony, with the class increasing as the dollar amount rises. Theft of $5,000 to $20,000 is a class 4 felony; $20,000 to $100,000 is a class 3 felony; and over $100,000 can be a class 2 felony.
Shoplifting is a specific form of theft that occurs in a retail setting. It can involve concealing merchandise, altering price tags, or transferring goods from one container to another to pay less than the full price. The penalties mirror general theft statutes and are based on the value of the merchandise. Retailers in Colorado can also pursue civil demand letters seeking reimbursement for losses and administrative costs, separate from any criminal case.
Burglary is different from theft in an important way: it involves entering or remaining unlawfully in a building or occupied structure with the intent to commit a crime inside. You don't have to actually steal anything to be charged with burglary—the crime is the unlawful entry with criminal intent. Colorado recognizes three degrees of burglary. First-degree burglary (a class 3 felony) involves entering a building with intent to commit a crime and assaulting or arming yourself, or the building is used as a dwelling. Second-degree burglary (a class 4 felony) involves entering a building with intent to commit a crime, but the building isn't a dwelling. Third-degree burglary (a class 5 felony or class 2 misdemeanor, depending on the type of structure) involves entering a secure area of a building with intent to commit a crime, often in commercial settings.
Criminal mischief involves knowingly damaging someone else's property. Depending on the amount of damage, it can range from a petty offense (under $300 in damage) to a class 3 felony (over $100,000 in damage or damage to critical infrastructure). Charges can escalate if the damage involved tampering with utility infrastructure or caused substantial inconvenience to the public.
Trespassing charges occur when someone unlawfully enters or remains on someone else's property. Colorado has different trespass statutes depending on whether the property is agricultural land, an enclosed area, or a dwelling. Most trespass charges are misdemeanors, but circumstances like entering a dwelling unlawfully can elevate the seriousness.
Penalties You May Face in Colorado
The penalties for theft and property crimes in Colorado depend on the classification of the charge. Understanding what you're facing helps you evaluate your options and whether to accept a plea offer or go to trial.
Petty offenses—the lowest level—carry fines and possible jail time up to 10 days. Class 3 misdemeanors can result in up to six months in county jail and fines up to $750. Class 2 misdemeanors carry up to 12 months in jail and fines up to $1,000. Class 1 misdemeanors, the most serious misdemeanor level, can result in up to 18 months in jail and fines up to $5,000.
Felony charges carry significantly harsher consequences. A class 6 felony can result in one year to 18 months in prison and fines of $1,000 to $100,000. Class 5 felonies carry one to three years in prison. Class 4 felonies can result in two to six years. Class 3 felonies carry four to 12 years. Higher-level felonies like class 2 can result in eight to 24 years in prison.
Beyond incarceration and fines, a theft or property crime conviction creates a criminal record that appears in background checks. This can affect your ability to find employment, especially in jobs requiring bonding or handling money. Landlords often reject applicants with theft convictions. Professional licenses can be denied or revoked. If you're not a U.S. citizen, certain theft convictions can have immigration consequences, including deportation or denial of naturalization.
Colorado also allows for restitution, meaning you may be required to pay back the victim for their losses. This is separate from fines and can include the value of stolen or damaged property, repair costs, and other economic harm directly caused by the offense.
What Happens After an Arrest in Denver
If you're arrested for theft or a property crime in Denver, the process typically follows a predictable path. Understanding what happens at each stage helps you know what to expect and when you need legal representation.
After arrest, you'll be taken to the Denver County Jail for booking. This involves recording your personal information, taking fingerprints and photographs, conducting a background check, and logging the charges. You'll be searched, and your personal property will be inventoried and stored. Depending on the charge and your criminal history, you may be held in custody or released on bond.
For many misdemeanor theft and property crimes, Denver uses a bond schedule that sets standard bond amounts based on the charge. For more serious felonies, a judge will set bond at your first appearance. Bond can be a personal recognizance bond (a promise to appear with no money required), a cash bond, or a surety bond through a bail bondsman. Factors like your criminal history, ties to the community, employment status, and whether you're considered a flight risk or danger to the community affect the bond decision.
Your first court appearance in a misdemeanor case is called an arraignment. This typically happens within a few days to a couple of weeks of arrest. At the arraignment, the judge informs you of the charges, your rights, and possible penalties. You'll be asked to enter a plea: guilty, not guilty, or no contest. Most defense attorneys advise pleading not guilty at this stage to preserve your options and allow time to investigate the case and negotiate with prosecutors.
For felony charges, the process includes an additional step called a preliminary hearing, typically within 35 days of your first appearance if you're in custody, or within a reasonable time if you're out on bond. At the preliminary hearing, the prosecution must show probable cause that a crime was committed and that you committed it. If the judge finds probable cause, your case is bound over to district court for further proceedings.
After arraignment (or preliminary hearing for felonies), your case enters the pretrial phase. This is when your attorney investigates the facts, reviews evidence, interviews witnesses, and negotiates with prosecutors. Many theft and property crime cases resolve through plea agreements during this phase. A plea agreement might involve pleading guilty to a reduced charge, agreeing to a specific sentence recommendation, or entering a deferred judgment or diversion program that can result in the case being dismissed if you comply with certain conditions.
If no plea agreement is reached, your case proceeds to trial, where a jury (or judge, if you waive your right to a jury) determines whether the prosecution has proven every element of the crime beyond a reasonable doubt. If convicted, sentencing happens at a separate hearing where the judge considers factors like the severity of the offense, your criminal history, victim impact, and mitigating circumstances.
Common Defense Strategies in Property Crime Cases
How a criminal defense attorney approaches your theft or property crime case depends on the specific facts, the evidence against you, and what you're charged with. Several defense strategies appear frequently in these cases.
One common defense is lack of intent. For most theft charges, prosecutors must prove you intended to permanently deprive the owner of their property. If you believed you had permission to take the item, or you intended to return it, or you made an honest mistake about ownership, you may lack the required intent. For example, if you walked out of a store with an item you genuinely forgot to pay for, that's different from deliberately concealing merchandise.
Another defense is mistaken identity or insufficient evidence. Prosecutors must prove beyond a reasonable doubt that you committed the offense. If the only evidence is a witness identification that's unreliable, or surveillance footage that doesn't clearly show you, or circumstantial evidence that could point to multiple people, your attorney can challenge whether the prosecution has met its burden.
In burglary cases, one defense is that you had permission to be in the building or that you didn't have the intent to commit a crime when you entered. Burglary requires unlawful entry plus intent to commit a crime inside. If you entered lawfully—even if you later decided to take something—the burglary charge may not apply (though you could still face theft charges).
Ownership disputes can be a defense in some theft cases. If you genuinely believed the property was yours or that you had a right to it—perhaps because of a business dispute or a misunderstanding about shared property—that can negate the required elements of theft.
Illegal search and seizure is a constitutional defense. If police obtained evidence against you through an unlawful search—without a warrant, probable cause, or an applicable exception—your attorney can file a motion to suppress that evidence. If the court grants the motion, the prosecution may not be able to prove its case.
Procedural defenses challenge whether the prosecution followed proper legal procedures. This might include violations of your right to a speedy trial, failure to provide discovery (evidence) to your attorney, or errors in how charges were filed.
Your attorney may also negotiate for diversion or deferred prosecution programs, especially if this is your first offense. These programs typically require you to complete community service, pay restitution, attend classes, and stay out of trouble for a set period. If you successfully complete the program, the charges are dismissed and you avoid a conviction on your record.
Public Defender vs. Private Criminal Defense Attorney
If you can't afford a private attorney, you have a constitutional right to court-appointed counsel—typically a public defender. Denver's public defender's office handles a significant portion of criminal cases, and many public defenders are experienced and skilled attorneys. However, there are practical differences between public defenders and private attorneys that you should understand.
Public defenders carry extremely high caseloads. It's not uncommon for a public defender to juggle hundreds of cases simultaneously. This means they have limited time to spend on each individual case. They may not be able to investigate as thoroughly, meet with you as often, or explore every possible defense strategy. Most public defenders are dedicated professionals doing their best under difficult circumstances, but the system's resource constraints affect the level of attention your case receives.
To qualify for a public defender, you must demonstrate that you cannot afford private counsel. The court will review your income, assets, expenses, and financial obligations. If you're employed or have significant assets, you may not qualify. Some courts require partial repayment of public defender costs after your case concludes, depending on your financial situation.
Private criminal defense attorneys typically handle fewer cases, which allows them more time to focus on your specific situation. They can conduct independent investigations, hire expert witnesses, file more detailed motions, and maintain more frequent communication with you. You also get to choose your attorney based on their experience with theft and property crime cases, their reputation, and your comfort level with them. This continuity can be important—you'll work with the same attorney from start to finish, whereas public defenders sometimes rotate or change assignments.
The cost of a private attorney varies widely depending on the complexity of your case, the attorney's experience, and whether the case goes to trial. Many defense attorneys charge a flat fee for representation through specific stages (like representation through plea negotiations) or through trial. Others charge hourly rates. Expect to pay several thousand dollars at minimum for competent representation on a misdemeanor theft charge, and significantly more for serious felonies or cases that go to trial. Many attorneys offer payment plans.
When deciding whether to hire a private attorney, consider the severity of the charges, the potential consequences for your future, whether you have complex defenses that require investigation, and whether you need more personal attention and communication than a public defender's caseload allows. For serious felony charges or cases where your career or immigration status is at risk, hiring private counsel is often worth the investment.
Finding the Right Criminal Defense Attorney in Colorado
If you decide to hire a private attorney for your theft or property crime case, here's what to look for and what questions to ask.
Start by looking for attorneys who focus on criminal defense, and ideally those with significant experience handling theft and property crime cases in Denver courts. Experience with local prosecutors and judges matters—attorneys who regularly practice in Denver County Court or Denver District Court understand how those specific courts operate and have working relationships with the people involved in your case.
Check the attorney's credentials. Are they licensed to practice in Colorado? How long have they been practicing? Do they have any disciplinary actions on their record? You can verify this through the Colorado Supreme Court Attorney Regulation Counsel website. Look for attorneys who are members of professional organizations like the Colorado Criminal Defense Bar or the National Association of Criminal Defense Lawyers.
Many criminal defense attorneys offer free initial consultations. Use this meeting to evaluate whether the attorney is right for you. Come prepared with information about your case: the charges, the circumstances, any evidence you know about, and your criminal history if any. Ask specific questions: How many theft or property crime cases have you handled? What outcomes did you achieve? What's your approach to cases like mine? What are my realistic options? What will this cost, and do you offer payment plans? How often will we communicate, and who will I be working with if you have associates or paralegals?
Pay attention to how the attorney communicates. Do they explain things in plain language you can understand? Do they listen to your concerns? Do they answer your questions directly, or do they make promises that sound too good to be true? A good attorney will be honest about the challenges in your case and the range of possible outcomes, not guarantee a dismissal or acquittal.
Ask about their fee structure upfront. Will they charge a flat fee or hourly rate? What does that fee cover—representation through trial, or just through plea negotiations? What expenses aren't included, like expert witnesses or investigation costs? Get the fee agreement in writing before you hire anyone.
If you need help finding qualified criminal defense attorneys in Colorado, you can search Local Lawyers Colorado for attorneys who handle theft and property crime defense in the Denver area. The directory allows you to compare attorneys based on their experience, practice areas, and contact information, making it easier to find someone who fits your needs.
Taking the Next Step
Facing theft or property crime charges in Denver is serious, but understanding your rights and the process gives you a foundation to make informed decisions. Whether you qualify for a public defender or hire private counsel, having an attorney who knows Colorado criminal law and Denver courts improves your chances of a better outcome.
If you haven't been charged yet but are under investigation, or if you've just been arrested, act quickly. Evidence can be lost, witnesses' memories fade, and timely legal representation can sometimes prevent charges from being filed or result in lesser charges. Don't wait until the last minute to find an attorney.
Remember that you have rights: the right to remain silent, the right to an attorney, the right to a fair trial, and the presumption of innocence until proven guilty. Exercise those rights. Don't talk to police about your case without an attorney present, even if you think you can explain your way out of trouble—anything you say can be used against you.
If you're ready to find a criminal defense attorney in Colorado, start by searching for attorneys who focus on theft and property crime defense in Denver. Ask the questions that matter to your situation. Understand what you're facing, what your options are, and what realistic outcomes might look like. The right attorney will give you honest guidance, not false promises, and will work to protect your rights and your future throughout the legal process.