blog Criminal Defense When Is Theft a Felony in Colorado?

When Is Theft a Felony in Colorado?

By Colorado Attorney-at-law on November 12, 2021

Theft is a felony in Colorado when the amount stolen exceeds $2,000. There are multiple felony classes—which class you are charged with depends, among other things, on how much was taken. For example, a Class 6 felony is for thefts of $2,000 to $5,000, while a Class 2 felony is for thefts of over $1,000,000.

Petty Theft, Misdemeanor Theft, and Felony Theft

You can find the laws governing petty theft and grand theft in Colorado under CRS § 18-4-401. According to these laws:

  • Petty theft involves stolen property valued at less than $50.
  • Misdemeanor theft involves stolen property valued at greater than $50 and less than $2,000.
  • Grand theft involves stolen property valued at $2,000 or more.

The value of the stolen property is just one factor that influences whether you are charged with a felony, a misdemeanor, or a petty offense. Other mitigating circumstances include:

  • If an individual has a previous conviction of more than one theft within a six-month period, the crime they are charged with depends on the combined amount stolen. For example, a person can steal less than $2,000 at each theft, but if the total amount stolen is more than $2,000, they have committed a felony.
  • If an individual uses force or violence during the theft, it is a felony.
  • If an individual sells something that they know or have reason to believe was stolen, they may be charged with a felony—even if they themselves did not steal the item.

Theft Convictions Can Have Serious Consequences

A felony is the most serious type of charge. As outlined at CRS § 18-1.3-401, the penalties you face if convicted become more serious as the felony class increases:

  • Class 6 felony: 12-18 months imprisonment and $1,000-$100,000 in fines
  • Class 5 felony: 1-3 years imprisonment and $1,000-$100,000 in fines
  • Class 4 felony: 2-8 years imprisonment and $2,000-$500,000 in fines
  • Class 3 felony: 4-12 years imprisonment and $3,000-$750,000 in fines
  • Class 2 felony: 8-24 years imprisonment and $5,000-$1,000,000 in fines

You may also have to pay restitution to the victim, serve probation after or instead of imprisonment, or serve in a work release program. It depends on the details of the alleged crime and what the judge believes is warranted.

We Represent Those Accused of Theft

Being accused of theft, especially felony theft, can have enormous consequences for your present circumstances and future. Our firm wants to help protect you from the worst of these consequences. No matter how serious the charges against you, our Breckenridge theft crime lawyers could assist you by:

  • Telling you the truth: We are always honest with clients about their options and chances for success. Our team keeps in frequent contact with clients and answers all questions promptly, even after hours.
  • Gathering evidence: We can use police reports, witness statements, expert statements, surveillance footage, and other materials to weaken the prosecution’s case. If your rights were violated at any point, we can seek evidence of this and use it to get the charges dismissed.
  • Getting the charges reduced: With sufficient evidence, we might be able to get the charge against you changed from, for instance, a felony to a misdemeanor. Then, if you are convicted, your sentence will be easier to bear and completed more quickly.
  • Negotiating a plea deal: The judge may allow you to plead guilty to a lesser charge with lighter penalties. This option could spare you the most onerous penalties.
  • Going to court: Unlike competitors, our firm has extensive and recent trial experience. We know how the local court system works and can use that knowledge to help you avoid the worst penalties.

By retaining our services, you gain a committed, reliable partner who can aggressively defend you both in and out of court. The sooner we can get started on your case, the more time we may have to construct a persuasive defense.

Call a Breckenridge Theft Crime Attorney Today for a Free Consultation

You can depend on the team at Whitaker & Penix, LLC. Our Colorado criminal defense attorneys could investigate the charges against you, build the strongest possible defense, and represent you to the very end of your case. Get started today by calling (970) 368-0602 to learn more about when theft is a felony and how you can protect your rights. We serve clients in four Colorado counties: Summit, Park, Eagle, and Lake.

Posted in: Criminal Defense