Defenses to Theft, Robbery, or Burglary Charges in Colorado
Being charged with theft, robbery, or burglary in Colorado can be an overwhelming experience. These are serious criminal offenses, and a conviction may carry long-term consequences in addition to strict fines and jail time. But it’s important to know that being charged does not mean you’re guilty. The right legal defense can make all the difference.
Kylie Whitaker and Ehren Penix are highly regarded Summit County criminal defense attorneys. At Whitaker & Penix, LLC, we represent individuals in Breckenridge and throughout Summit County who are dealing with serious criminal charges.
As former prosecutors, Kylie and Ehren bring extensive trial experience to every case. Whether you’ve been accused of shoplifting, armed robbery, or unlawful entry, our defense attorneys are here to investigate the incident and fight for your legal rights every step of the way.
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A mistake doesn’t have to become a conviction. We build strong defenses for real people. Call (970) 368-0602 to learn more today.
Legal Penalties for Theft, Robbery, or Burglary in Colorado
The penalties for burglary theft, and robbery, depend on several factors, including the value of stolen property, whether force or weapons were involved, and whether anyone was harmed during the alleged offense. These offenses also carry collateral penalties such as mandatory restitution, probation supervision, and a permanent criminal record.
Here’s a general overview of what you could be looking at:
Theft (CRS 18-4-401)
- Under $300 (Petty Theft): Class 1 petty offense, up to 10 days in jail and fines up to $300
- $300 – $1,999: Misdemeanor, punishable by up to 364 days in jail
- $2,000 and above: Felony charges, ranging from Class 6 to Class 2 felonies, with possible prison time
Burglary (CRS 18-4-202, 18-4-203)
- Second-Degree Burglary: Class 4 felony, 2–6 years in prison
- First-Degree Burglary (with assault or weapon): Class 3 felony, 4–12 years in prison
Robbery (CRS 18-4-301)
- Robbery (standard): Class 4 felony, 2–6 years in prison
- Aggravated Robbery (with deadly weapon or threat): Class 3 felony, 4–16 years in prison
Life Consequences for a Theft, Robbery, or Burglary Conviction
Beyond the legal penalties, a conviction for theft, robbery, or burglary can have lasting personal and professional consequences:
- Loss of Employment – Many employers will not hire individuals with theft-related convictions, especially in positions involving trust, cash handling, or access to property.
- Ineligibility for Housing – Landlords and housing authorities may deny rental applications based on a criminal record, making stable housing difficult to secure.
- Immigration Issues – Theft and burglary can be classified as crimes of moral turpitude, which may affect visa renewals, green card applications, or even lead to deportation proceedings.
- Loss of Gun Rights – Felony convictions often result in the permanent loss of the right to possess or purchase firearms.
- Social Stigma – A criminal record can damage your reputation and strain relationships with friends, family, or your community.
- Barriers to Professional Licensing – Certain careers like teaching, nursing, real estate, or law may require background checks and deny licensure based on theft-related convictions.
- Educational Impact – Students may lose scholarships or suffer disciplinary action from their schools, especially if the offense occurred on or near campus.
How an Attorney Can Help
At Whitaker & Penix, LLC, we don’t just manage cases; we fight for real results. Our attorneys understand the stress and fear that come with being charged. Our job is to give you strong legal protection from the start and guide you through every stage of the process with clarity and confidence.
We help by:
- Investigating the facts – Reviewing police reports, surveillance footage, witness statements, and more to build a clear and accurate picture of what happened.
- Identifying weak points in the prosecution’s case – Looking for inconsistencies, lack of evidence, or constitutional violations that can be used to your advantage.
- Filing motions to suppress unlawfully obtained evidence – Challenging traffic stops, searches, or statements that violated your rights.
- Negotiating for reduced charges or dismissals – Working directly with prosecutors to secure outcomes that minimize long-term consequences.
- Representing you confidently at trial, if needed – Preparing your case thoroughly and presenting it effectively to a judge or jury when necessary.
We don’t rely on shortcuts or quick deals. We take the time to understand your goals and fight for the outcome that protects your future. You deserve a defense that’s responsive, honest, and aggressive when it matters most.
Accused of a Serious Property Crime?
You aren’t alone. Contact our Breckenridge defense team now at (970) 368-0602.
Effective Legal Defense Strategies for Theft
No matter the charge, you are presumed innocent until proven guilty. The burden is on the prosecution to prove your guilt beyond a reasonable doubt.
We build strategic defenses based on the unique facts of your case.
Lack of Intent
Theft requires intent. If you took something by mistake or didn’t intend to permanently deprive the owner of it, you may have a valid defense.
Permission
If the owner gave you permission to take or use the item, even temporarily, this can be a powerful defense.
Mistake of Fact
You may have believed the property was abandoned or that you had a legal right to it. Mistaken belief can negate the intent element.
Necessity or Duress
If you took something in an emergency to protect yourself or someone else, this may be a justifiable defense.
The Property Was Yours
Disputes over ownership happen. If you believed the item was yours or that you had a claim to it, that belief could undermine the prosecution’s case.
Legal Defenses for Burglary
There are several factors that the prosecution must prove in these cases. We challenge the other side’s case every way we can.
No Criminal Intent on Entry
Burglary charges require that you entered with intent to commit a crime inside. If you entered without that intent, you may not be guilty of burglary.
Lawful Presence
If you were invited onto the property or had a legal right to be there, that may negate a key element of the charge.
Not an Unlawful Entry
Entry must be unlawful. If a door was open or you were already inside the property with permission, this could challenge the burglary allegation.
Property Not Worth the Alleged Value
If the prosecution overstates the value of stolen items to raise the charge to a felony, we can investigate and challenge the valuation.
Legal Defenses for Robbery
Police and prosecutors will often charge a defendant with robbery when the facts of the case fail to justify this offense.
No Force or Threats Used
Robbery requires the use of force, threats, or intimidation. If the alleged act lacked this element, it may not meet the legal definition of robbery.
The Item Was Yours
If you were reclaiming your own property and no force was used beyond what was necessary, this could be a viable defense.
Lack of Intent
If you did not intend to permanently deprive someone of their property or didn’t know you were taking something unlawfully, the prosecution may not be able to prove their case.
General Defense Strategies
There are several ways that the prosecution’s case can be challenged, questioned, or disproved.
Mistaken Identity
Eyewitness testimony can be unreliable. We explore whether you were misidentified or confused with someone else.
Insufficient Evidence
If the prosecution cannot prove every element of the crime beyond a reasonable doubt, you cannot be convicted.
Your Rights Were Violated
We review whether law enforcement followed proper procedures during your arrest, questioning, or search. Violations of your rights may result in evidence being excluded.
Why Choose Us Over Other Theft, Robbery, or Burglary Lawyers in Summit County?
Whitaker & Penix, LLC has earned the trust and respect of the local community. Here’s what sets us apart:
- Former Prosecutors Who Know Both Sides – We’ve been on the other side of the courtroom and know how to dismantle the prosecution’s case.
- Deep Knowledge of Summit County Courts – We practice regularly in local courtrooms and know the judges, prosecutors, and processes that can impact your case.
- Super Lawyers Recognition – Kylie Whitaker has been named a Rising Star by Super Lawyers based on peer reviews and client satisfaction.
- A+ BBB Rating – We’ve earned the trust of the community and consistently provide professional, respectful service.
- Trial-Tested Experience – We’re not afraid to take a case to trial and have a track record of courtroom success.
- Clear, Realistic Communication – We’ll tell you the truth about your case and give you the strategic guidance you need.
- Client-Focused, Low Caseload Practice – You won’t get lost in the shuffle. We offer personalized attention and dedicated legal support.
What Clients Are Saying About Us
Great to work with from beginning to end-Evan Pryor (5-Star Google Review)
Ehren was great to work with from beginning to end. Very thorough with expectations, high attention to detail, as well as great character and professionalism!
Call Kylie! -Skyler A.
“Call Kylie! I felt that she worked hard for my case and took time to explain what she did… and what the best course of action is. She always responded promptly to my calls…5 stars!”
Speak With an Experienced Criminal Defense Lawyer in Summit County
At Whitaker & Penix, LLC, we offer aggressive defense for clients facing serious charges across Summit County. We’re ready to help you protect your record, your rights, and your future.
Call (970) 368-0602 to schedule a free consultation and find out how we can help.
Frequently Asked Questions
What’s the difference between theft, robbery, and burglary in Colorado?
Theft involves unlawfully taking someone else’s property. Robbery includes theft with force or intimidation. Burglary involves unlawfully entering a building with the intent to commit a crime inside.
Is burglary a felony in Colorado?
Most burglary charges in Colorado are felonies. The degree of the charge depends on factors like whether the building was occupied, if weapons were involved, or if force was used.
Can I be charged with robbery even if I didn’t hurt anyone?
Yes. Physical injury is not required. If you’re accused of using threats, force, or intimidation to take something from someone, you can still be subject to robbery charges.
What if I didn’t know the property wasn’t mine?
Lack of intent is a valid legal defense to theft. If you reasonably believed the property belonged to you or had permission to take it, that could be used in your defense.
Are shoplifting and theft the same under Colorado law?
Yes. Shoplifting is treated as a form of theft and is prosecuted under the same statute (CRS 18-4-401). The penalties depend on the value of the items allegedly taken.
Can I be charged with burglary if I didn’t steal anything?
Yes. Burglary charges are based on unlawful entry with intent to commit any crime inside, not just theft. That could include assault, vandalism, or other criminal acts.
Will I go to jail for a first-time theft or burglary charge?
You could, but it depends on the circumstances. With strong legal representation, some first-time offenders may qualify for diversion programs, deferred sentencing, or probation instead of jail.
What are the penalties for aggravated robbery in Colorado?
Aggravated robbery is a Class 3 felony and can carry 4 to 16 years in prison, especially if a deadly weapon was involved or threats were made during the incident.
What should I do if I’ve been falsely accused of theft or burglary?
Contact an experienced Breckenridge criminal defense lawyer immediately. Do not speak to police without representation. An attorney can help protect your rights and begin building your defense.
How can Whitaker & Penix, LLC help with my case?
We examine the evidence, challenge the prosecution’s case, and develop a defense strategy tailored to your situation. Whether it’s seeking dismissal, reduction, or acquittal, we’re here to fight for your future. Call (970) 368-0602 for a free consultation.
About Whitaker & Penix, LLC
Whitaker & Penix, LLC is a respected criminal defense law firm based in Breckenridge, Colorado, serving clients throughout Summit County and the 6th Judicial District. Founded by attorneys Kylie Whitaker and Ehren Penix, our firm is built on a commitment to honest advice, strategic defense, and personal attention for every client.
We represent people who are facing a wide range of criminal charges, from DUI and drug offenses to theft, assault, domestic violence, and more. With experience as former prosecutors, both Kylie and Ehren bring unique insight into how criminal cases are handled from both sides of the courtroom. This gives us the advantage of anticipating the government’s strategy and building a tailored defense that protects your rights at every stage.
At Whitaker & Penix, we know that being charged with a criminal offense is stressful and it could be life-changing. That’s why we maintain a low-volume caseload, so we can give your case the time and focus it deserves.
Whether you are a long-time resident or a visitor caught up in Colorado’s legal system, you’ll find in us a team that is accessible, responsive, and ready to fight for the best possible outcome in your case. We approach every matter with careful preparation and aggressive legal advocacy.