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Breckenridge Shoplifting Defense Attorneys

Aggressive Legal Defense Against Shoplifting Charges in Breckenridge, CO

There are strict penalties for people convicted of shoplifting in Colorado, including fines and time spent behind bars. But oftentimes, people who are charged with shoplifting simply forget to pay for an item.

If you have been accused of shoplifting, police might try to trick you into saying something that could get you into serious trouble. You don’t want to make any statements about the incident until you get a chance to speak with your Breckenridge theft defense attorney.

Shoplifting is a crime that’s based on intent, but it’s impossible to know what another person is thinking. That’s why there’s a high burden of proof on prosecutors, making it difficult to convict a person of shoplifting when they have effective legal representation. Whitaker & Penix, LLC will design an effective strategy to challenge the charges against you and fight to get them dismissed.

Kylie Whitaker and Ehren Penix have extensive courtroom experience in criminal cases, and Whitaker & Penix, LLC holds an A+ rating from the Better Business Bureau. Kylie was selected as a Rising Star in Colorado by Super Lawyers, an independent rating agency that bases their scores on professional achievement and peer reviews.

Let Whitaker & Penix, LLC take care of your legal issues so you can get back to enjoying the things that make Breckenridge such a special place to live, like visiting Main Street with its quaint Victorian architecture, exploring the historic Country Boy Gold Mine, or enjoying hiking or mountain biking on one of our beautiful local trails.

Your initial consultation is free of charge—give us a call at (970) 368-0602 to learn more about your legal options today.

What Is Shoplifting?

Shoplifting is a crime that occurs when a customer knowingly takes merchandise from a business without paying for it. There are three ways a person may be accused of shoplifting in Colorado:

  1. Concealing a piece of merchandise with the intent to remove it from the store without paying for it
  2. Returning merchandise that hasn’t been paid for to receive payment or credit, which is referred to as a fraudulent return
  3. Altering or changing labels or packaging in order to pay less than the actual value for a piece of merchandise

Penalties for Shoplifting in Breckenridge, Colorado

Law enforcement officials and prosecutors aggressively pursue shoplifting in Colorado. Police may try to intimidate you by saying they already have enough information to convict you or by threatening to charge you with a more serious offense such as robbery.

Shoplifting may be charged as a felony or a misdemeanor, depending on the value of the merchandise in question. But even when you’re facing misdemeanor charges, the penalties are pretty stiff. Defendants may be sentenced to up to 10 days in jail for shoplifting an item worth less than $300 and up to 364 days in jail for items worth between $300 and $2,000.

Penalties for felony shoplifting include:

  • Class 6 Felony for items valued between $2000 and $5000—up to 18 months in prison
  • Class 5 Felony for items valued between $5,000 and $20000—up to 3 years in prison
  • Class 4 Felony for items valued between $20,000 and $100,000—up to 6 years in prison
  • Class 3 Felony for items valued between $100,000 and $1,000,000—up to 12 years in prison
  • Class 2 Felony for items valued at more than $1,000,000—up to 24 years in prison

Effective Legal Defenses Against Shoplifting Charges

In addition to spending a significant amount of time behind bars, people convicted of shoplifting in Colorado can also be required to pay heavy fines and restitution. There are additional negative consequences that may include loss of a professional license, damage to your immigration status, loss of gun rights, and a negative impact on child custody disputes.

Fortunately, there are a number of powerful arguments that an experienced criminal defense lawyer can use to successfully defend clients against shoplifting charges. To convict a person of shoplifting, prosecutors must prove beyond a reasonable doubt that you (the defendant) deliberately concealed a piece of merchandise with the intention of removing it from the store without paying for it.

Effective legal defenses against shoplifting include:

  • You never intended to take the item.
  • The item wasn’t concealed.
  • You were mistaken for another customer.
  • You were in a hurry and forgot to pay for an item.
  • You were distracted by your children.
  • Prosecutors don’t have enough evidence for a conviction.
  • A faulty checkout machine failed to register an item.
  • An item was left in your cart by mistake.
  • You absentmindedly stuck an item in your pocket.
  • Somebody else planted the merchandise on you.
  • You had permission from store employees to take the item and pay for it later.
  • The clerk forgot to remove the theft detection device when you purchased an item.

Schedule Your FREE Consultation Today

The Breckenridge criminal defense attorneys at Whitaker & Penix, LLC have years of experience and a deep familiarity with the local courts, prosecutors, and judges. We will take swift and aggressive legal action to get the charges against you reduced or dismissed.

Reach out to us at (970) 368-0602 to learn more today.