If you're facing theft or property crime charges in Lakewood, Colorado, you're likely wondering what happens next, what the penalties are, and whether you need a lawyer. These charges can range from shoplifting to burglary, and the consequences vary widely depending on the value of the property involved and the circumstances of the alleged crime. This guide explains what Colorado law says about theft and property crimes, what you're facing in Lakewood's court system, and how to find defense help when you need it.
Property crime charges are serious in Colorado. Even a misdemeanor theft conviction can affect your employment, housing, and background checks for years. Understanding the charges against you, your legal options, and what the process looks like is the first step toward making informed decisions about your case.
Understanding Colorado's Theft and Property Crime Laws
Colorado law groups theft and property crimes into several categories, each with different penalty levels. The most common charges include theft, shoplifting, burglary, criminal trespass, and criminal mischief (property damage). What you're charged with depends on what allegedly happened and the value of the property involved.
Theft in Colorado means knowingly taking something that belongs to someone else without permission and with the intent to permanently deprive them of it. This covers everything from stealing a phone to taking merchandise from a store to embezzling funds from an employer. Colorado divides theft into petty theft and felony theft based on dollar thresholds.
Shoplifting is a specific type of theft that occurs in retail settings. You can be charged with shoplifting for concealing merchandise, altering price tags, or removing items from a store without paying. Colorado retailers often involve security teams and local police in these cases, and they may pursue civil penalties in addition to criminal charges.
Burglary is more serious than simple theft. It involves unlawfully entering or remaining in a building or occupied structure with the intent to commit a crime inside. You don't actually have to steal anything to be charged with burglary—the crime is the unlawful entry combined with criminal intent. Colorado has multiple degrees of burglary, with harsher penalties for entering homes or buildings where people are present.
Criminal trespass means unlawfully entering or remaining on someone else's property. First-degree criminal trespass involves entering an enclosed or occupied structure, while second- and third-degree trespass involve less serious intrusions, such as entering fenced land or staying on property after being told to leave.
Criminal mischief covers damage to someone else's property. This can range from graffiti to breaking windows to more serious destruction. Like theft, it's classified by the dollar amount of damage caused.
What Penalties Do Theft and Property Crime Charges Carry in Colorado?
Colorado uses a tiered system that ties penalties to the value of what was taken or damaged. Here's how it typically breaks down for theft charges:
- Petty theft (under $300): Class 1 misdemeanor. Up to 364 days in jail and fines up to $1,000.
- Theft of $300 to under $750: Class 3 misdemeanor for a first offense (up to six months in jail and $750 fine) or Class 6 felony for repeat offenders.
- Theft of $750 to under $2,000: Class 6 felony. One to 18 months in prison and fines up to $100,000.
- Theft of $2,000 to under $5,000: Class 5 felony. One to three years in prison and fines up to $100,000.
- Theft of $5,000 to under $20,000: Class 4 felony. Two to six years in prison and fines up to $500,000.
- Theft of $20,000 to under $100,000: Class 3 felony. Four to 12 years in prison and fines up to $750,000.
- Theft of $100,000 to under $1,000,000: Class 2 felony. Eight to 24 years in prison and fines up to $1,000,000.
- Theft of $1,000,000 or more: Class 2 felony with enhanced penalties.
Burglary carries different penalties depending on the degree:
- Third-degree burglary (entering a building intending to commit a crime): Class 2 misdemeanor to Class 5 felony, depending on circumstances.
- Second-degree burglary (unlawfully entering a building and committing or intending to commit a crime other than theft): Class 4 felony. Two to six years in prison.
- First-degree burglary (entering a home or dwelling with intent to commit a crime): Class 3 felony. Four to 12 years in prison. If someone is assaulted during the burglary, it becomes a Class 2 felony.
Criminal mischief penalties also scale with damage amounts, ranging from petty offenses (under $300 in damage) to felonies for more serious destruction. Criminal trespass ranges from a Class 3 misdemeanor (third-degree) to a Class 5 felony (first-degree).
Beyond jail time and fines, a conviction can result in probation, community service, restitution (paying the victim back for losses), and a permanent criminal record. Felony convictions affect your ability to vote, own firearms, and pass employment background checks. Even misdemeanor theft convictions show up on most criminal background checks and can complicate job searches, housing applications, and professional licensing.
What Happens After You're Arrested for a Property Crime in Lakewood?
If you're arrested for theft or a property crime in Lakewood, you'll typically be taken to the Jefferson County Jail for booking. During booking, you'll be photographed, fingerprinted, and your personal information will be recorded. Depending on the severity of the charge and your criminal history, you may be released on a personal recognizance bond (a promise to appear in court) or you may need to post bail.
Your first court appearance is called an advisement or arraignment. This usually happens within a few days of your arrest if you're in custody, or within a few weeks if you've been released. At this hearing, the judge will inform you of the charges against you, your rights, and the potential penalties. You'll enter a plea—guilty, not guilty, or no contest. Most people enter a not guilty plea at this stage to preserve their options while their attorney investigates the case.
After the advisement, your case moves into the pretrial phase. This is when your defense attorney reviews the evidence, negotiates with the prosecutor, and explores your options. The prosecutor must turn over discovery—evidence they plan to use against you, including police reports, witness statements, video footage, and physical evidence. Your attorney will look for weaknesses in the prosecution's case, such as unlawful search and seizure, lack of intent, mistaken identity, or insufficient evidence.
Many property crime cases are resolved through plea negotiations. Your attorney may be able to negotiate a reduced charge, a lighter sentence, or alternative programs like deferred judgment (where charges can be dismissed if you complete probation successfully). If your case doesn't settle, it proceeds to trial, where a judge or jury decides whether the prosecution has proven guilt beyond a reasonable doubt.
How a Defense Attorney Can Help With Your Case
Property crime charges often involve complex legal questions: Did the police have probable cause to search you or your vehicle? Did you actually intend to permanently keep the property? Was the value assessment accurate? Can the prosecution prove you're the person who committed the alleged crime? A defense attorney's job is to challenge the state's case and protect your rights throughout the process.
Here's what a defense attorney typically does in a theft or property crime case:
Investigates the evidence. Your attorney will review police reports, surveillance footage, witness statements, and physical evidence to identify inconsistencies, errors, or violations of your constitutional rights. For example, if the police conducted a search without a warrant or probable cause, any evidence they found may be inadmissible in court.
Challenges the charges. In some cases, the prosecution may have overcharged you. For example, if the value of the allegedly stolen property is lower than the police estimated, your attorney can argue for a reduction to a lesser charge with lighter penalties. In burglary cases, your attorney may challenge whether you actually entered unlawfully or had criminal intent when you entered.
Negotiates with prosecutors. Most criminal cases don't go to trial. Your attorney will work with the prosecutor to negotiate a plea deal that minimizes the consequences. This might mean a reduced charge, probation instead of jail, or enrollment in a diversion program that allows you to avoid a conviction altogether if you meet certain conditions.
Explores alternative sentencing. Colorado offers several programs designed to keep first-time or low-level offenders out of jail. Deferred judgment, deferred sentencing, and specialty courts (like drug courts or mental health courts) can help you address underlying issues while avoiding a permanent criminal record. Your attorney can help you understand whether you're eligible and advocate for these options on your behalf.
Represents you at trial. If your case goes to trial, your attorney will present a defense, cross-examine the prosecution's witnesses, and argue why the evidence doesn't prove guilt beyond a reasonable doubt. This might involve challenging witness credibility, presenting alibi evidence, or demonstrating that you lacked the intent required for a theft conviction.
Protects your future. Even if you're convicted, your attorney can argue for lighter sentencing, explore expungement or record sealing options down the road, and help you understand how the conviction will affect your life going forward.
When Should You Contact a Defense Attorney?
You should contact a criminal defense attorney as soon as you know you're under investigation or after you've been arrested. The earlier you involve an attorney, the more options you'll have. If the police want to question you, you have the right to remain silent and request an attorney. Anything you say to the police can be used against you, even if you're trying to explain your side or clear up a misunderstanding.
If you've been charged with a felony, hiring an attorney is especially important. Felony convictions carry long-term consequences beyond jail time—loss of voting rights, difficulty finding employment, restrictions on where you can live, and limitations on professional licensing. An experienced defense attorney can often negotiate felony charges down to misdemeanors or work out alternative sentencing that keeps you out of prison.
Even for misdemeanors, an attorney can make a significant difference. A petty theft conviction may seem minor, but it stays on your record and can affect background checks for years. An attorney may be able to get the charges dismissed, negotiate a deferred judgment, or argue for a lesser penalty.
If you can't afford a private attorney, you have the right to a public defender. Public defenders are experienced criminal attorneys who handle a high volume of cases. When you appear in court, you can request a public defender if you meet the income eligibility requirements.
Finding the Right Defense Attorney in Lakewood
When you're looking for a defense attorney in Lakewood or anywhere in Colorado, you want someone with experience handling theft and property crime cases. Here are some practical questions to ask when you're interviewing attorneys:
- How many theft or property crime cases have you handled? Experience matters. Look for an attorney who regularly defends clients against the types of charges you're facing.
- What's your approach to these cases? Some attorneys are aggressive litigators who take most cases to trial. Others focus on negotiation and alternative sentencing. Ask about their strategy and whether it fits your situation.
- What are my realistic options? A good attorney will give you an honest assessment of your case—what the likely outcomes are, what the risks of going to trial are, and what you can expect during the process.
- What will this cost? Defense attorneys typically charge flat fees for criminal cases or hourly rates. Ask for a clear explanation of costs upfront, including whether the fee covers trial or just pretrial work.
- How will we communicate? Find out how the attorney prefers to communicate (phone, email, in-person meetings) and how quickly they typically respond to client questions.
You can search for criminal defense attorneys in Colorado who handle theft and property crimes using legal directories, bar association referrals, or online reviews. Many attorneys offer free consultations, so you can meet with a few before deciding who to hire.
Your Next Steps
Facing theft or property crime charges in Lakewood doesn't mean you're out of options. Colorado law provides paths to reduced charges, alternative sentencing, and even dismissal in some cases—but navigating those options requires understanding the legal process and having someone advocate for your rights.
If you've been charged or you're under investigation, the most important thing you can do is protect yourself by staying silent until you've spoken with an attorney. Don't try to explain your way out of the situation with police or store security. Anything you say can be used as evidence against you, even if you think you're helping your case.
Once you've connected with a defense attorney, they can review the facts of your case, explain your legal options, and help you make informed decisions about how to proceed. Whether that means negotiating a plea deal, fighting the charges at trial, or pursuing a diversion program, you'll have someone in your corner who understands Colorado's criminal justice system and how to navigate it.
You can search for Colorado criminal defense attorneys who handle theft and property crime cases through Local Lawyers Colorado, which offers a directory of lawyers practicing across the state. Finding the right attorney early can make a significant difference in the outcome of your case and the long-term impact on your life.