Have you been accused of, arrested for, and/or charged with theft in Colorado? It is a serious crime that could potentially be a felony offense. It is imperative that you take immediate action to protect your rights, your freedom, and your future. At The Martin Law Firm, we have extensive experience handling theft charges. Here, our criminal defense attorney provides a step-by-step guide on what to do if you are accused of theft in Colorado.
Step #1: Stay Silent (Exercise Your Fifth Amendment Rights)
If you are facing any type of criminal allegation, you need to stay quiet. Theft charges are no exception to the rule. Your first move should be silence. Officers may act like they only want “your side of the story.” In reality, they are collecting evidence. When a theft allegation is made, police focus on gathering evidence to prove the charge. You are very unlikely to talk yourself out of trouble. However, you can easily talk yourself into trouble, potentially even a conviction. Anything you say can be used against you and can lock you into details that later turn out to be wrong. You have the right to remain silent and the right to an attorney.
Know Your Rights: The Fifth Amendment protects your right to remain silent. That you declined to answer questions from the police cannot be used against you as evidence of guilt in court.
Step #2: Know the Specific Theft Charge that You are Facing
Colorado does not treat all theft cases the same. You need to know exactly what statute the state has used and the value range alleged. Only when you have a full understanding of the specific charges that you are facing will you be in the best position to defend yourself. Here is a detailed overview of the different categories of theft charges in Colorado:
- General Theft (C.R.S. § 18-4-401): C.R.S. § 18-4-401 is the core theft statute in Colorado. It covers taking, receiving, or exercising control over “anything of value” without authorization and with intent to permanently deprive. Penalties vary based on the amount that was taken. It could be a petty offense for low-value property all the way up to a class 2 felony if more than $1 million worth of funds or property was allegedly stolen.
- Shoplifting / Theft from a Store (C.R.S. § 18-4-401 and C.R.S. § 18-4-413): Most shoplifting is charged under the general theft statute. Colorado also has a mandatory sentencing provision for repeated felony theft from a store. Repeat offenders face enhanced penalties and less flexibility at sentencing.
- Motor Vehicle Theft (C.R.S. § 18-4-409): Colorado has a specialized law for motor vehicle theft. The statute covers taking or exercising control over a motor vehicle without authorization. There are degrees that depend on value and aggravating factors. Still, this charge is always a felony. It carries its own sentencing ranges.
- Obtaining Control Over Stolen Property (C.R.S. § 18-4-404): Often called “receiving stolen property.” It targets people who knowingly obtain or control items they know are stolen, even if they did not commit the original theft. The statute is usually targeted at larger theft rings.
Step #3: Consult With a Colorado Theft Defense Lawyer
Accused of criminal theft? You need a lawyer. You should bring a Colorado theft defense attorney into the case as early as possible. Theft law here is value-driven and statute-specific. A lawyer can interpret the exact charge, the value tier, and any enhancement such as prior theft convictions or store-theft provisions. Early involvement can sometimes prevent filing, reduce the charge level, or influence bond and release conditions. Do not go it alone. Police and prosecutors are not on your side. Your Colorado theft defense attorney will protect your rights and your interests.
Step #4: Gather, Preserve, and Organize Relevant Evidence
Evidence matters. Theft cases often turn on proof of ownership, value, and intent. You need to gather and preserve any evidence that helps your account. Among other things, this can include receipts, bank records, messages, inventory logs, employment records, security footage, and witness information. Organize these materials in a way that makes sense chronologically. You should not alter or destroy anything, even if you think it looks bad.
Step #5: Develop a Defense Strategy
Arrested for and charged with a theft offense in Colorado? It is important to remember that you are presumed innocent until proven guilty. That you are facing a theft charge does not mean you are guilty of theft. The prosecution needs to prove all elements of the offenses beyond a reasonable doubt. You can and should raise a zealous defense. The right defense strategy will depend on the specific circumstances of your case. Here are common theft defenses in Colorado:
- Lack of Intent: Colorado theft laws require that the defendant must have had the intent to permanently deprive the owner of the property. A guilty mind is required in a theft case. If you believed you had permission, planned to pay, or made a good-faith mistake, that could be evidence that you actually did not have any intent to steal. Intent is a big element that the prosecution needs to prove in order to obtain a conviction.
- Ownership or Other Legal Rights: If you reasonably believed the property was yours, or that you had a legitimate claim to it, the mental state for theft may be missing. The defense is most often used when relationships or business partnerships break up. You cannot commit theft of property that you had a legal right to use.
- Identity and/or Possession Issues: The state must prove you were the person who took or controlled the property. Mistaken identity can absolutely be an issue. Weak eyewitness identification, unclear video, or gaps in possession can create reasonable doubt.
- Illegal Search or Seizure: Your rights matter. If police found property or evidence through an unconstitutional search, your Colorado theft defense lawyer can seek suppression. If key evidence is excluded, the prosecution may have to reduce or dismiss the case.
- Plea Agreement: With theft charges in Colorado, an aggressive defense strategy is not always the best defense strategy. If the evidence that the prosecution has is very strong, your Colorado defense lawyer can help you explore every option to limit penalties through a plea agreement. You may be able to avoid any jail time.
Why Use a Theft Defense Lawyer For Your Case
Theft charges are complicated. Depending on the alleged value of the amount that was stolen, you could face a felony. It is imperative that you have a strong, experienced attorney on your side. Our founder and managing lawyer, Brent Martin, is a criminal defense lawyer with more than two decades of experience. With a commitment to personalized representation, we invest time, resources, and attention to detail into each and every case. Your initial consultation with our Montrose, CO theft defense lawyer is fully confidential and carries no additional obligations.
Call Brent Martin Today
At The Martin Law Firm, our Colorado theft defense lawyer has the knowledge and experience that you can trust in hard cases. Arrested for theft? We can help. A proactive approach is a must. Contact us today for a completely confidential, no obligation case review. With a legal office in Montrose, we defend theft charges across the region, including in Montrose County, San Miguel County, Delta County, Gunnison County, and Mesa County.