The state of Colorado classifies theft as a misdemeanor offense when the total value of the allegedly stolen property falls between $300.00 and $2,000.00. Taking items valued under $300 results in a less severe petty offense charge, while stealing property that exceeds the $2,000.00 threshold triggers a much more severe felony prosecution.
The legal consequences for a misdemeanor theft conviction are directly tied to the monetary value of the cash or merchandise involved in the incident.
For property valued from $300 to less than $1,000, the offense is classified as a class 2 misdemeanor in Colorado, which carries a potential sentence of up to 120 days in jail and fines reaching up to $750.
When the value of the stolen property rises to a range of $1,000 to less than $2,000, the crime becomes a class 1 misdemeanor in Colorado, exposing an individual to a maximum of 364 days in jail and fines up to $1,000.
The presiding judge has the authority to order you to pay financial restitution directly to the victim of the crime. Furthermore, individuals facing these charges might secure probation as an alternative to serving time behind bars, which is frequently negotiated as a component of a plea agreement.
Frequent examples of misdemeanor larceny cases include:
- Shoplifting from retail establishments
- Employee embezzlement of funds or property
- Writing and passing bad checks
- Acquiring property through unlawful extortion
- Schemes involving fraud, false pretenses, or deceptive practices
Depending on the specific details surrounding your arrest, an attorney can build a defense against larceny charges by asserting that you were the rightful owner of the items, you had no actual intention of taking the property permanently, or the investigating police officers violated your constitutional rights.
In this brief guide, the legal team at The Martin Law Firm addresses the central concepts surrounding misdemeanor theft offenses:
- Legal Definitions
- Sentencing and Consequences
- Defense Strategies
- Interconnected Violations
We also provide information regarding lesser petty offenses and serious felony theft charges under state law.
Stealing property with a market value of at least $300 but less than $2,000 constitutes a misdemeanor under the state penal code.
Colorado Misdemeanor Laws
A misdemeanor theft offense occurs under state law when an individual unlawfully deprives another person of property valued between $300 and $2,000.
While retail shoplifting stands as a highly frequent variety of larceny, the statutory language found in section 18-4-401 of the Colorado Revised Statutes covers an array of different scenarios. These situations include:
- Taking an item belonging to someone else under the pretense of borrowing it when you actually have no plan to give it back
- Utilizing deceptive tactics to acquire property, such as promising a merchant future payment for goods or services and intentionally failing to pay
- Securing a loan and intentionally neglecting to return the borrowed assets within 72 hours of the designated return deadline
It is important to recognize that a person can face criminal prosecution for taking jointly owned property if they fail to secure explicit authorization from the other co-owners beforehand.
Sentencing and Consequences
Unlawfully taking assets valued from $300 up to $2,000 is categorized as a misdemeanor. The penalties linked to a conviction include:
- Court-ordered probation, a jail term lasting up to 364 days, and court fines reaching $1,000
- Paying full financial restitution to the impacted party
As you might expect, local judges show a much higher willingness to sentence an individual to probation rather than active jail time if the defendant has a clean background.
Statutory Sentencing Categories
The exact penalty boundaries for a larceny conviction depend heavily on the total valuation of the property involved.
If a person faces accusations of pulling off multiple separate thefts over the span of a six-month window, prosecutors hold the authority to combine the values of every single item to charge the defendant with one single, higher-level count of theft. State courts are legally required to calculate these property valuations using reasonable market benchmarks rather than relying on guesswork or speculation.
You should also understand that the state automatically elevates a charge to a felony if the offense involves pickpocketing or taking items from an elderly individual or a person with a disability, even if the items are worth less than $2,000.
$300 to $999.99: Class 2 Misdemeanor
Stealing property valued from $300 up to $1,000 constitutes a class 2 misdemeanor. A conviction carries the following potential penalties:
- A maximum jail sentence of 120 days, a fine topping out at $750, or both
- Mandatory financial restitution paid directly to the victim
Depending on the mitigating details of the situation, a judge might decide that probation is a more appropriate penalty than incarceration.
$1,000 to $1,999.99: Class 1 Misdemeanor
When the value of the property sits between $1,000 and $2,000, the offense is elevated to a class 1 misdemeanor. The statutory penalties include:
- A jail term lasting up to 364 days, financial penalties up to $1,000, or both
- Full financial restitution to the victim of the theft
Based on the specific circumstances, the court may choose to order a term of probation instead of ordering the defendant to serve time in jail.
Penalties for Attempted Offenses
An attempt to commit larceny involving items valued between $300 and $2,000 is prosecuted as a class 2 misdemeanor. The resulting penalties top out at 120 days in jail along with maximum fines of $750.
Penalties for Petty Offenses and Felony Charges
Taking property valued below $300 is treated as a petty offense, which carries:
- A maximum of 10 days in jail, a fine reaching $300, or both
- A requirement to pay full restitution to the victim
Judges frequently opt to utilize probation instead of jail sentences for individuals convicted of petty offenses.
On the other end of the spectrum, stealing items with a total valuation of $2,000 or more immediately triggers felony charges. Depending on the exact financial bracket of the stolen goods, a felony conviction can result in:
- A prison sentence ranging from 1 to 24 years in a state correctional facility, alongside fines running from $1,000 all the way up to $1,000,000
- Court-ordered restitution payments to the victim
Depending on the mitigating factors present in the case, a judge may choose to sentence the defendant to probation rather than sending them to state prison.
Defense Strategies Against Theft Charges
The most reliable path forward when fighting criminal charges always depends on the precise facts of the investigation and the nature of the items in question. A few common defense approaches include:
- Proving you held exclusive ownership of the property
- Demonstrating that you did not intentionally take the items
- Exposing instances of law enforcement misconduct
An experienced attorney might also succeed at getting criminal charges reduced by presenting evidence that the property is actually worth significantly less than the amount written down by the prosecution in the initial complaint.
1) Proving You Held Exclusive Ownership of the Property
A person cannot legally steal an object that belongs entirely to them. Proof of ownership can be established through several means, including:
- Original purchase receipts or bills of sale
- Official titles and registration documents
- Signed contractual agreements
If a defense lawyer can definitively show that the item belonged solely to you, the prosecution will generally have to dismiss the theft charges entirely.
2) Demonstrating That You Did Not Intentionally Take the Items
Theft is defined as a specific intent crime. Because of this legal requirement, you cannot be held criminally responsible for larceny if you truly did not realize that you were taking someone else’s property.
Consider a scenario where Janice is running late for her job and accidentally grabs her roommate Tara’s tablet because it looks identical to her own. Tara notices the device is missing and contacts the police to report a theft. Because Janice had no idea the tablet belonged to her roommate, she did not commit a criminal offense, though she remains civilly responsible for returning the device immediately.
Proving a person’s internal intent beyond a reasonable doubt is often a major hurdle for prosecutors because they cannot peer inside a defendant’s mind. If the state lacks sufficient evidence to prove you intended to permanently keep the property away from its owner, a conviction cannot stand.
3) Exposing Instances of Law Enforcement Misconduct
Police officers are bound by rigid constitutional rules when executing searches and seizing property. If law enforcement officers overstepped their bounds by failing to obtain a valid search warrant, or if they conducted a search without a recognized legal exception to the warrant requirement, you can challenge their actions.
Your defense representative can draft and submit a formal motion to suppress evidence to the court, pointing out to the judge that the state’s case relies on evidence tainted by an illegal search. If the judge rules in your favor and throws out the illegally obtained items, the district attorney will often drop the case because they no longer have enough proof to move forward.
Speak with Our Legal Defense Team for Help
If you have been arrested for misdemeanor larceny, contact the legal team at The Martin Law Firm to schedule a completely free initial consultation. Founder Brent Martin is a seasoned trial attorney with over 20 years of experience fighting for clients in Colorado courts. Since 2001, he has represented thousands of clients in serious criminal cases, and our firm defends individuals facing charges throughout the region. You can get in touch with us by filling out the secure contact form on our website or by calling our local office in Montrose, CO at (970) 730-4354.