If you've been charged with theft, burglary, shoplifting, or another property crime in Littleton, Colorado, you're likely trying to understand what happens next and what your options are. Property crime charges in Colorado carry serious consequences—including jail time, fines, and a criminal record that can affect your employment, housing, and future opportunities. This guide walks you through the types of property crimes under Colorado law, the penalties you may face, what the legal process looks like in Littleton, and how to find a criminal defense attorney who can protect your rights.
Understanding Property Crimes Under Colorado Law
Colorado law defines several categories of property crimes, each with its own elements and penalties. Here's what the most common charges involve:
Theft occurs when you knowingly obtain or control someone else's property without authorization, intending to permanently deprive them of it. Colorado groups theft offenses by the value of the property involved. Theft of property worth less than $300 is typically charged as a petty offense or misdemeanor, while theft of property valued at $2,000 or more can be charged as a felony.
Shoplifting is a specific form of theft involving taking merchandise from a store without paying. Even if you didn't leave the store with the item, you can still be charged if you concealed it or altered a price tag. First-time shoplifting charges involving low-value items are often misdemeanors, but repeat offenses or higher-value merchandise can result in felony charges.
Burglary is more serious than simple theft. In Colorado, burglary means unlawfully entering or remaining in a building or occupied structure with the intent to commit a crime inside. You don't have to successfully steal anything to be charged with burglary—the intent to commit a crime while unlawfully inside is enough. Burglary is typically charged as a felony, and penalties increase if the building was a dwelling or if you were armed.
Criminal Mischief involves knowingly damaging someone else's property. This includes vandalism, graffiti, or destruction of property. Like theft, criminal mischief charges are classified by the value of the damage caused. Damage under $300 is usually a misdemeanor, while damage exceeding $1,000 can be charged as a felony.
Trespassing occurs when you unlawfully enter or remain on someone else's property. First-degree trespassing (entering an enclosed area) is a class 5 felony in Colorado, while second-degree trespassing (entering property after being told not to) is typically a petty offense or misdemeanor.
Motor Vehicle Theft and Aggravated Motor Vehicle Theft involve taking a vehicle without the owner's consent. Aggravated motor vehicle theft includes situations where the vehicle is never returned, is damaged, or is used in another crime. These are serious felony charges in Colorado.
Penalties for Theft and Property Crime Charges in Littleton
The penalties you face depend on the specific charge, the value of the property involved, your criminal history, and whether any aggravating factors are present. Here's what Colorado law prescribes:
Petty Offenses: Theft of property worth less than $50 or second-degree trespassing can be charged as petty offenses, punishable by fines up to $300 and up to 10 days in jail.
Class 2 Misdemeanors: Theft of property valued between $50 and $300, or third-degree criminal mischief, can result in up to 120 days in jail and fines up to $750.
Class 1 Misdemeanors: Theft of property worth $300 to $1,000 carries up to 364 days in jail and fines up to $1,000.
Class 6 Felonies: Theft of property valued between $1,000 and $2,000 is typically a class 6 felony, punishable by 12 to 18 months in prison and fines between $1,000 and $100,000.
Class 5 Felonies: Theft of property worth $2,000 to $5,000, first-degree trespassing, or second-degree burglary can result in one to three years in prison and similar fines.
Class 4 Felonies: Theft of property valued between $5,000 and $20,000, or certain aggravated motor vehicle theft charges, can lead to two to six years in prison.
Class 3 Felonies: Theft of property worth $20,000 to $100,000, or first-degree burglary of a dwelling, carries four to 12 years in prison and fines up to $750,000.
Beyond jail time and fines, a conviction can result in probation, restitution (repaying the victim for losses), community service, and a permanent criminal record. A felony conviction can disqualify you from certain jobs, professional licenses, housing opportunities, and federal student aid. You may also lose your right to vote or possess firearms while serving your sentence.
What Happens After a Theft Arrest in Littleton
Understanding the legal process can help you know what to expect and when you need to take action. Here's the typical sequence of events following a property crime arrest in Littleton:
Arrest and Booking: After your arrest, you'll be taken to the Arapahoe County Detention Facility or the Littleton Police Department for booking. During booking, officers will record your personal information, take your photograph and fingerprints, and process your charges. Your belongings will be inventoried and held.
Advisement Hearing: Within 48 hours of your arrest (excluding weekends and holidays), you'll appear before a judge for an advisement hearing. The judge will inform you of the charges against you, explain your rights, and set bail or release conditions. This is when you'll learn whether you can be released on bond or must remain in custody.
Bail and Release: The judge may release you on a personal recognizance bond (a promise to appear in court), set a cash or surety bond, or impose other conditions such as GPS monitoring or drug testing. The amount of bail depends on the severity of the charges, your criminal history, and whether you're considered a flight risk.
Preliminary Hearing: If you're charged with a felony, you have the right to a preliminary hearing within 35 days of your advisement. At this hearing, the prosecution must show probable cause that you committed the crime. Your attorney can cross-examine witnesses and challenge the evidence. If the judge finds probable cause, your case moves forward to district court.
Arraignment: You'll be formally arraigned in district court (for felonies) or county court (for misdemeanors). You'll enter a plea of guilty, not guilty, or no contest. Most defendants enter a not guilty plea at this stage to preserve their options.
Discovery and Pre-Trial Motions: Your attorney will review the evidence against you—police reports, witness statements, video footage, and physical evidence. Your lawyer may file motions to suppress evidence obtained illegally, dismiss charges, or compel the prosecution to provide additional information.
Plea Negotiations: In many property crime cases, your attorney will negotiate with the prosecutor to reduce charges or penalties. For example, a felony theft charge might be reduced to a misdemeanor, or a burglary charge might be amended to criminal trespass. Prosecutors may offer diversion programs for first-time offenders, allowing you to avoid a conviction if you complete conditions like restitution, community service, or counseling.
Trial: If your case doesn't resolve through a plea agreement, it will go to trial. You have the right to a jury trial for felonies and most misdemeanors. The prosecution must prove every element of the crime beyond a reasonable doubt. Your attorney will cross-examine witnesses, challenge the evidence, and present a defense on your behalf.
Sentencing: If you're convicted or plead guilty, the judge will impose a sentence based on Colorado sentencing guidelines, the facts of your case, and any mitigating or aggravating factors. Sentencing may occur immediately or at a separate hearing.
How a Criminal Defense Attorney Can Help
A criminal defense attorney plays several critical roles in protecting your rights and building your defense. Here's what an experienced property crime lawyer can do for you:
Evaluate the Evidence: Your attorney will scrutinize every piece of evidence the prosecution plans to use. This includes reviewing police reports for inconsistencies, examining whether evidence was obtained legally, and identifying weaknesses in the state's case. For example, if police searched your property without a warrant or probable cause, your lawyer can file a motion to suppress that evidence.
Challenge the Charges: Not every arrest leads to a conviction. Your attorney may argue that the prosecution cannot prove an essential element of the crime, such as intent. In a theft case, for instance, if you believed you had permission to take the property, you may lack the "intent to permanently deprive" required for a conviction.
Negotiate Reduced Charges or Diversion: Prosecutors often have discretion to reduce charges or offer alternatives to conviction. Your lawyer may negotiate for a lesser charge (such as reducing felony theft to misdemeanor theft), a deferred judgment (where charges are dismissed if you complete certain conditions), or enrollment in a diversion program. First-time offenders and cases involving lower-value property are often good candidates for these alternatives.
Protect Your Rights at Every Stage: From your first contact with police through trial, you have constitutional rights—including the right to remain silent and the right to an attorney. A defense lawyer ensures that police and prosecutors respect these rights and that you don't unknowingly waive them.
Represent You at Hearings and Trial: Your attorney will appear on your behalf at advisement hearings, preliminary hearings, arraignments, and pre-trial conferences. If your case goes to trial, your lawyer will cross-examine witnesses, present evidence, and argue your defense to the jury.
Advocate for Minimal Penalties: If a conviction is unavoidable, your attorney will advocate for the lightest possible sentence. This may include arguing for probation instead of jail, seeking work release or community corrections, or presenting mitigating factors such as restitution already paid, lack of prior criminal history, or evidence of rehabilitation.
Advise You on Long-Term Consequences: Your lawyer will explain how a conviction could affect your future—employment, housing, professional licenses, immigration status, and more—and help you make informed decisions about plea offers and trial strategy.
Defenses to Theft and Property Crime Charges
Every case is different, but here are some common defenses that may apply to property crime charges in Colorado:
Lack of Intent: Many property crimes require proof that you intended to commit the offense. If you took property believing you had permission, or if you entered a building without realizing it was unlawful, you may lack the required intent.
Mistaken Identity: Eyewitness identifications are notoriously unreliable. If the prosecution's case relies on witness identification, your attorney can challenge the accuracy of that identification, especially if lighting was poor, the witness had a limited view, or there are inconsistencies in their statements.
Insufficient Evidence: The prosecution must prove every element of the crime beyond a reasonable doubt. If the evidence is weak, contradictory, or circumstantial, your attorney can argue that the state has not met its burden of proof.
Unlawful Search or Seizure: The Fourth Amendment protects you from unlawful searches and seizures. If police searched your home, car, or person without a warrant or probable cause, any evidence they obtained may be inadmissible in court.
Duress or Coercion: If you were forced or threatened into committing a property crime, you may have a defense based on duress. This requires showing that you faced an imminent threat of serious harm and had no reasonable alternative.
Ownership or Right to Possession: In some theft cases, you may have a legitimate claim to the property in question—for example, if there's a dispute over ownership or if you were retrieving your own property.
Alibi: If you can prove you were somewhere else when the crime occurred, an alibi defense may be effective. This requires credible evidence such as witness testimony, receipts, or video footage.
Choosing the Right Criminal Defense Lawyer in Littleton
Finding an attorney who understands Colorado property crime law and has experience in Arapahoe County courts can make a significant difference in your case. Here's what to look for:
Experience with Property Crime Cases: Ask potential attorneys how many theft, burglary, or property crime cases they've handled and what the outcomes were. Experience with cases similar to yours means the lawyer understands the nuances of the charges and the local court system.
Knowledge of Arapahoe County Courts: Littleton cases are prosecuted in Arapahoe County courts. An attorney who regularly practices in these courts will be familiar with local judges, prosecutors, and procedures—knowledge that can inform strategy and negotiations.
Clear Communication: Your lawyer should explain your charges, potential penalties, and legal options in plain language. You should feel comfortable asking questions and confident that your attorney is listening to your concerns.
Transparent Fee Structure: Ask about fees upfront. Some attorneys charge a flat fee for representation through trial, while others bill hourly. Make sure you understand what's included, what additional costs might arise, and whether a payment plan is available.
Reputation and Reviews: Look for online reviews, bar association ratings, and testimonials from past clients. Pay attention to how the attorney is described—responsive, thorough, effective—and whether clients felt their lawyer fought for them.
Initial Consultation: Many criminal defense attorneys offer a free or low-cost initial consultation. Use this meeting to assess whether the lawyer is a good fit. Ask about their approach to your case, potential defenses, and what they think the likely outcomes are. Be cautious of attorneys who make guarantees or promise specific results—no lawyer can predict exactly how a case will turn out.
Availability and Responsiveness: Your attorney should be accessible when you need them. Ask how quickly they typically respond to calls or emails and who you'll be working with if the attorney is unavailable.
What to Ask a Criminal Defense Attorney
When you meet with potential lawyers, consider asking these questions:
- How many property crime cases have you handled in Arapahoe County?
- What defenses might apply to my case based on the facts?
- What are the potential outcomes—best case, worst case, and most likely?
- Do you think my charges could be reduced or dismissed?
- Am I eligible for a diversion program or deferred judgment?
- How much will your representation cost, and what does that include?
- Will you personally handle my case, or will it be assigned to another attorney in your firm?
- How often will you update me on my case's progress?
- What should I do—or not do—while my case is pending?
What You Can Do Now
If you're facing theft or property crime charges in Littleton, here are practical steps you can take:
Exercise Your Right to Remain Silent: Do not discuss your case with police, prosecutors, or anyone else without an attorney present. Anything you say can be used against you, even if you think you're explaining your side of the story.
Document Everything: Write down what happened, including dates, times, locations, and the names of anyone involved. Gather any receipts, messages, photos, or other evidence that might support your defense.
Avoid Contact with the Alleged Victim: If your case involves an identifiable victim, do not contact them. Any contact could be interpreted as intimidation or tampering, leading to additional charges.
Comply with Release Conditions: If you've been released on bail, follow all conditions exactly. Missing a court date or violating release terms can result in your arrest and additional charges.
Find a Criminal Defense Attorney Quickly: The sooner you have legal representation, the sooner your attorney can begin building your defense, negotiating with prosecutors, and protecting your rights.
Property crime charges are serious, but they are not automatic convictions. With the right legal representation, you may be able to get charges reduced, avoid a conviction altogether, or minimize the impact on your life. If you think you need legal advice on your theft or property crime case, start by searching for a Colorado criminal defense attorney who practices in Arapahoe County and has experience with cases like yours. You have the right to defend yourself, and finding the right lawyer is the first step.