Defenses to Theft, Robbery, or Burglary Charges in Colorado
Theft, robbery, and burglary are all offenses that involve taking or damaging another person’s property without permission. Although these three terms are often used interchangeably, there are key distinctions between them.
Theft involves taking someone’s property without consent — and with the intent to permanently deprive them of it. It does not require any interaction with the victim. Robbery includes the element of force or intimidation used to take property directly from a person. This makes robbery a more severe crime compared to theft. Burglary differs from both theft and robbery in that it involves unlawfully entering a building or structure with the intent to commit a crime, which may or may not be theft. Unlike robbery, burglary does not require a victim to be present or the use of force.
Understanding Theft Crimes and Common Defenses
Theft occurs when a person knowingly obtains, retains, or exercises control over another’s property without authorization or by deception, with the intent to permanently deprive the owner of its use or benefit. The severity of theft charges can vary based on the value of the property stolen, ranging from petty theft (for items valued under $300) to felony theft (for items valued over $2,000).
Theft covers a wide range of situations. Common examples include shoplifting, where an individual takes merchandise from a store without paying for it, and embezzlement, where someone in a position of trust, such as an employee, unlawfully takes funds or property from their employer. Auto theft is another widespread form of theft that involves the unauthorized taking of a vehicle.
One of the primary legal defenses in theft cases is demonstrating a lack of intent. For a theft conviction, the prosecution must prove that the accused knowingly took or controlled someone else’s property with the intent to permanently deprive the owner of it. If the defense can show that the accused did not have this intent, the charges may be reduced or dismissed. For example, if the defendant believed they had the owner’s permission to use the person’s car, it can be argued as a lack of intent to steal.
Another effective defense in theft cases is proving the right to possess the property in question. For example, if the accused had been given the property as a gift, loan, or through a business transaction, these circumstances could be used to argue that they had a legitimate right to possess it. Necessary documentation such as contracts, receipts, or written agreements can serve as critical evidence to support this claim.
The mistake of fact defense in theft cases revolves around the accused’s genuine belief based on incorrect information. For example, the defense may argue that the suspect grabbed someone else’s cell phone, thinking it was their own due to an honest mistake.
Robbery and Defense Strategies
Robbery involves taking property from another person with the intent to permanently deprive them of it, using force, threats, or intimidation. Unlike theft, robbery requires a direct confrontation with the victim, making it a more severe offense.
Examples of robbery include mugging, where an individual is assaulted and their personal belongings are stolen, and armed robbery, which involves the use of a weapon to coerce the victim into surrendering their property.
Mistaken identity is a prevalent defense in robbery cases, where the accused argues that they were incorrectly identified as the perpetrator. The defense may present alibis, supported by witness testimonies or video footage, to prove the accused was elsewhere when the crime occurred.
Eyewitness misidentification can also be challenged by highlighting inconsistencies in descriptions or pointing out the circumstances that could have led to an erroneous identification, such as poor lighting or stress. Forensic evidence like fingerprints or DNA that does not match the accused can further support this defense.
For the prosecution to prove a robbery conviction, they must prove that the accused intended to use force or intimidation to take property from the victim. If the defense can show that the accused did not have this intent, it can significantly weaken the prosecution’s case.
Burglary and How Attorneys Defend Against It
Burglary is defined as unlawfully entering or remaining in a building or occupied structure with the intent to commit a crime inside, such as theft or vandalism. Unlike robbery, burglary does not require the presence of a victim or the use of force in the initial entry.
One common example of burglary is breaking and entering into a home to steal valuables, often called a home invasion. Another example is unlawfully entering a business after hours to commit theft or vandalism. Residential burglary occurs when an individual enters a residence without permission and intends to commit a crime, such as theft or assault.
Demonstrating a lack of intent to commit a crime upon entry is a powerful legal defense against burglary charges. For the prosecution to achieve a burglary conviction, they must prove that the accused entered or remained in a building with the specific intent to commit a crime inside. If the defense can show that the accused entered the premises for a lawful reason, such as seeking shelter or mistakenly believing they were allowed inside, this can significantly undermine the prosecution’s case.
Alibi evidence is another powerful defense in burglary cases. It aims to prove that the accused was elsewhere when the crime occurred. This defense relies on establishing that the defendant could not have committed the burglary because they were at a different location when the alleged offense occurred. Key alibi evidence can include witness testimonies, video footage showing the accused at a specific location, or time-stamped receipts and records verifying their whereabouts.
The consent to enter defense argues that the accused had permission to enter the premises, negating the unlawful entry element required for a burglary conviction. If the accused can demonstrate that they were invited or allowed to enter the property by someone with authority, it can significantly weaken the prosecution’s case. Evidence supporting this defense might include communication records such as text messages, emails, or verbal agreements that indicate permission.
Contact Our Breckenridge Theft, Robbery, and Burglary Defense Attorneys
Kylie Whitaker and Ehren Penix at Whitaker & Penix, LLC, can provide a robust legal strategy to defend your freedom. Our primary goal is to get the charges against you dropped or reduced. Our Summit County defense attorneys have years of criminal law experience, and we have developed strong ties and relationships within the Breckenridge court system.
The Whitaker & Penix, LLC, firm has an A+ rating from the Colorado Better Business Bureau, and attorney Kylie Whitaker was selected as a Colorado Rising Star by Super Lawyers.
To schedule a FREE consultation with one of our Breckenridge theft defense lawyers, call us at (970) 368-0602 today.