When Conspiracy to Commit Theft Charges Arise in Colorado: What You Must Know
When a theft charge is paired with conspiracy to commit theft, the legal stakes can increase dramatically. In Colorado, conspiracy charges may apply when two or more people are alleged to have agreed to commit a crime and taken steps toward carrying it out. Defendants can be prosecuted for conspiracy, even if no crime was committed.
What Is Conspiracy to Commit Theft in Colorado?
Under Colorado Revised Statutes § 18-2-201 (C.R.S. 18 2 201), a person commits criminal conspiracy when they agree with another person to engage in conduct that constitutes a crime and one or more of them commits an overt act in furtherance of that agreement. That means the state must prove two things:
- There was an agreement to commit theft (or any other crime), and
- At least one overt act was taken to advance that crime.
For example, if two individuals plan to steal from a retail store, and one of them buys gloves or disables the security camera, that action may count as the overt act in a conspiracy.
How Prosecutors Use Conspiracy Charges
Conspiracy law gives prosecutors the means to cast a wider net and arrest more suspects. People can be charged even if:
- They weren’t physically present during the theft.
- They did not benefit from the crime.
- The actual theft never happened.
This is especially common in organized retail theft rings, staged burglary attempts, or coordinated schemes involving multiple people. Prosecutors use conspiracy charges to apply pressure, encourage plea deals, or justify harsher sentencing.
That’s why it’s essential to have a Colorado criminal conspiracy defense attorney with extensive courtroom experience. That means someone who understands the statutes and how these charges are prosecuted in Colorado courts.
Penalties for Conspiracy Charges in Colorado
A conspiracy conviction in Colorado carries the same class of penalty as the underlying offense, per C.R.S. 18-2-201. In other words, the penalties for conspiracy mirror the theft charges themselves.
Here’s what that looks like for theft-related cases:
- Petty theft (under $300): Class 1 petty offense → up to 6 months in jail and/or $500 fine
- Misdemeanor theft ($300–$1,999): Class 2 or 1 misdemeanor → up to 18 months in jail
- Felony theft (over $2,000): Felony convictions → 1 to 24 years in prison depending on value
So, if you’re accused of conspiring to commit a felony theft over $100,000, your conspiracy charge is also a class 3 felony, which carries up to 12 years in prison and a $750,000 fine.
These penalties for conspiracy stack on top of any penalties from other charges. If multiple people are involved, each may be held responsible for the full scope of the theft, even if they played a minor role.
Effective Legal Defenses
Several legal defenses can be used to challenge conspiracy allegations under C.R.S. 18-2-201.
Lack of Agreement
The prosecution must prove that you and at least one other person knowingly agreed to commit theft. Casual conversation, ambiguous statements, or joking around typically do not count. If there was no clear, mutual understanding to commit a crime, no conspiracy exists.
No Overt Act
Even if there was an agreement, the law requires proof that someone took a concrete step toward the theft. If no overt act occurred, such as purchasing tools or scouting the location, the conspiracy charge cannot stand. Prosecutors must tie your involvement to that specific act, not just a general suspicion.
Withdrawal From the Conspiracy
Under Colorado law, you may have a viable defense if you withdrew from the conspiracy before the overt act occurred. This means:
- You clearly communicated your withdrawal to the others involved, and
- You took action to stop or report the crime (e.g., contacting law enforcement)
Lack of Intent
Intent is a cornerstone of a conspiracy case. If you were unaware of the plan or did not intend to participate, you may not be criminally liable. For example, giving someone a ride or letting them use your phone, without knowing their intent does not amount to conspiracy.
What This Means in Practice
Many people are surprised to learn they’re being investigated or charged with conspiracy to commit theft. Examples of real-world scenarios include:
- Retail employee shares security blind spots with a friend who later robs the store.
- Acquaintance helps someone plan a theft but backs out before it happens.
- Roommate borrows your car to commit a theft, and police discover you previously joked about stealing.
These cases are often circumstantial, and aggressive prosecution may try to distort everyday conversations or actions into “evidence.”
How We Can Help
If you’ve been charged under C.R.S. 18 2 201 or are being investigated for a conspiracy-related theft case, don’t wait to get legal guidance. Kylie Whitaker and Ehren Penix have a deep understanding of criminal conspiracy law and theft charges, backed by years of trial experience and hands-on knowledge of local courts in Summit County, Colorado.
Our Summit County criminal defense lawyers at Whitaker & Penix, LLC can:
- Analyze whether the prosecution has proof of both an agreement and an overt act
- Challenge unlawful searches, statements, or surveillance
- Investigate other participants’ roles and credibility
- Negotiate favorable outcomes, including charge reductions or dismissals
- Represent you assertively in trial, if necessary
Whether you’re facing misdemeanor theft or high-level felony allegations, conspiracy charges can follow you for life. A conviction affects job opportunities, housing, and even your right to vote or own a firearm.
Speak With a Trusted Criminal Conspiracy Attorney in Summit County
If you have been charged with conspiracy to commit theft or any related offense, get in touch today. We offer free consultations and are available 24/7 to answer your questions and protect your rights.
Call a Breckenridge theft defense lawyer at (970) 368-0602 to learn more.
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