When Is Theft Considered a Felony in Colorado?

Theft crimes in Colorado are common and heavily punished when charged as felonies. The question that must be answered is, “When is theft considered a felony in Colorado?” The answer can determine whether you are sentenced to jail or prison time as well as other hard-hitting consequences.

If you have been arrested for theft in Colorado, let the Law Office of Kevin Cahill fight to protect you from the state and serious criminal consequences. Call 720-445-9887 to schedule a consultation with an experienced criminal defense lawyer today.

Criminal Theft in Colorado

When is theft considered a felony in Colorado? Generally, theft occurs when a person takes someone else’s property without the use of force or forced entry. In Colorado, the designation of theft charges is largely controlled by the value of what has been stolen. The more the stolen property is worth, the higher the chance that the theft will be charged as a felony.

Because the nature of theft charges is decided in this manner, punishments are also determined by the value of the item or items stolen.

Theft charges in Colorado may be applied in various circumstances involving the unauthorized taking of others’ property, including:

• Shoplifting
• Fraud
• Embezzlement
• ID theft
• Motor vehicle theft
• Theft by receiving
• Credit card theft
• Theft of services
• Mail theft.

As you can see, theft in Colorado does not always involve money or even tangible property. Theft charges may be appropriate with virtually any type of legally recognized property.

Misdemeanor Theft

There are three levels of misdemeanor theft charges in Colorado. Their respective dollar amounts are as follows:

• Class 3 misdemeanor for items worth $50 to $299
• Class 2 misdemeanor for items worth between $300 and $749
• Class 1 misdemeanor for items worth between $750 and $1,999.

Keep in mind that a person’s charges at arrest may significantly differ from their official charges due to the value of an item. For example, an officer may arrest someone for a class 2 misdemeanor. However, those charges can be upgraded if the precise amount of the item in question surpasses $749.

Criminal Penalties

The criminal penalties for misdemeanors include jail time, fines, and other penalties. The level of misdemeanor determines the punishments, which are broken down as follows:

• A Class 3 misdemeanor brings up to 6 months in jail and fines.
• Class 2 misdemeanor charges carry a penalty of up to 12 months in jail plus fines.
• Class 1 misdemeanor charges can lead to up to 18 months in jail and fines.

In many Colorado theft cases, jail time can be avoided with a skilled defense, even with a conviction, making hiring a theft charges defense lawyer as soon as possible a strongly recommended course of action.

Felony Theft

Felony theft in Colorado occurs when the total amount of stolen items is at least $2,000. The following are the levels of felony charges relating to theft:

• Class 6 felony for items worth between $2,000 and $5,000
• Class 5 felony for values between $5,000 and $20,000
• Class 4 felony for items worth $20,000 to $100,000
• Class 3 felony for items worth more than $100,000 but less than a million
• Class 2 felony for thefts worth over a million.

Remember that in many cases, your arrest charges may differ from the prosecutor’s official charges. In some cases, a felony arrest charge may ultimately be reduced to a misdemeanor once the official value of the item or items has been calculated.

Criminal Penalties

Criminal penalties for felony charges, regardless of the crime, typically include time in prison. However, not all felony convictions will result in time, depending on the circumstances of the crime.

Potential felony convictions include the following prison penalties:

• Class 6 Felony: Between one year and 18 months in prison
• Class 5 Felony: Between one and three years in prison
• Class 4 Felony: Between two and six years in prison
• Class 3 Felony: Between four and 12 years in prison
• Class 2 Felony: Between eight and 24 years in prison.

Time behind bars with felonies is more severe and typically served in prison instead of in jail. Additionally, fines are more severe as well.

Petty Theft

Petty theft occurs when someone steals less than $50 worth of items. It is considered a violation of the law but does not rise to the level of a misdemeanor. Although not a misdemeanor, a petty theft charge can lead to time behind bars and fines. Additionally, multiple petty theft charges in a short period can lead a court to reclassify your charges as misdemeanors or felonies, depending on the circumstances.

If you’ve been arrested for theft, criminal defense attorney Kevin Cahill will use every relevant defense to protect your future. 

Collateral Consequences of a Theft Conviction

Regardless of the criminal penalties, convicted offenders face serious collateral consequences after a conviction. These consequences can upend a person’s life and lead to significant financial and societal difficulties. They include:

• Loss of gun rights with a felony conviction
• Loss of the right to vote with a felony
• Loss of the right to hold public office after a felony conviction
• Trouble obtaining or maintaining employment
• Housing difficulties
• Professional license troubles.

Theft convictions are particularly difficult because they make a person less trustworthy in the eyes of others. A person who was convicted of stealing money on the job will likely have a hard time being trusted around money or other valuables, regardless of the level of the charge.

A robust defense is the answer to theft charges, be they petty, misdemeanor, or felony. With an experienced theft defense lawyer, your chances at a favorable resolution rise, including:

• Reduction in charges
• Refusal to file charges
• Dropped or dismissed charges
• Diversion
• No jail or prison time
• Reduced jail or prison time.

If you have been charged with theft or any other crime, the sooner you reach out to a defense lawyer, the better for your defense.

You Deserve a Formidable Defense

Theft charges in Colorado can result in serious consequences if a conviction occurs, especially if the conviction is for a felony. If this is the case for you, don’t hesitate to seek a formidable felony defense attorney. Your future is counting on it.

Contact the Law Office of Kevin Cahill at 720-445-9887 for a consultation with a defense attorney who cares about your future. Call to schedule a meeting today!