Theft in Colorado

What the charge means

Under C.R.S. 18-4-401, a person commits theft by knowingly obtaining, retaining, or exercising control over anything of value that belongs to someone else, without authorization or by threat or deception, and intending to permanently deprive the owner of its use or benefit. Using, concealing, or abandoning the property in a way that permanently deprives the owner also counts.

Prosecutors must prove two mental states beyond a reasonable doubt: that you acted knowingly, and that you intended to deprive the owner permanently. An honest belief that the property was yours, a genuine misunderstanding about permission, or an intent to return the item can undercut those elements.

Common scenarios include:

• Shoplifting from a store
• Keeping borrowed property after the owner asks for it back
• Employee theft or till shortages
• Disputes over payments, deposits, or contractor work
• Keeping money or goods delivered by mistake

Classification and sentencing

Theft is graded by the value of what was taken. The current ladder runs:

• Under $300: petty offense
• $300 to under $1,000: class 2 misdemeanor
• $1,000 to under $2,000: class 1 misdemeanor
• $2,000 to under $5,000: class 6 felony
• $5,000 to under $20,000: class 5 felony
• $20,000 to under $100,000: class 4 felony
• $100,000 to under $1,000,000: class 3 felony
• $1,000,000 or more: class 2 felony

If the court imposes jail or prison, the current ranges are: up to 10 days for a petty offense, up to 120 days for a class 2 misdemeanor, up to 364 days for a class 1 misdemeanor, 1 year to 18 months for a class 6 felony, 1 to 3 years for a class 5 felony, 2 to 6 years for a class 4 felony, 4 to 12 years for a class 3 felony, and 8 to 24 years for a class 2 felony. Felony prison terms carry mandatory parole afterward, and fines can also apply. Those ranges describe what happens only if the court orders incarceration. Probation, deferred judgments, fines, and restitution are often possible instead, and no jail is mandatory for most theft charges.

Two special rules matter. Theft directly from another person, without force, is a class 5 felony no matter the value. And separate thefts committed within six months can be added together, so several small takings can be charged as one larger offense.

What else it touches

A felony theft conviction bars firearm possession under Colorado and federal law. Theft is treated as a crime of dishonesty, so it draws attention on employment and housing background checks and in professional licensing. For noncitizens, theft convictions can carry serious immigration consequences. Many theft convictions can be sealed after a waiting period once the sentence is complete, though eligibility depends on the specifics of the case.

We defend theft charges across Colorado, and a consultation is the place to get answers about your specific situation.