Theft is one of the most commonly charged crimes in Loveland and Fort Collins, Colorado, but that doesn’t mean it’s simple. From shoplifting to complex financial crimes, Theft offenses can carry serious penalties, even for first-time offenders.
At O’Malley Law Office, we regularly defend individuals facing Theft related charges across Colorado. Below are answers to some of the most frequently asked questions about Theft charges and how to protect your rights.
1. What Is Considered “Theft” Under Colorado Law?
Colorado defines Theft broadly. Under C.R.S. § 18-4-401, Theft occurs when someone knowingly obtains, retains, or exercises control over another person’s property without authorization and intends to permanently deprive the owner of it.
This can include:
- Shoplifting
- Employee Theft
- Motor Vehicle Theft
- Identity Theft
- Theft by Deception or Fraud
- Possession of Stolen Property
You don’t have to physically “steal” something to be charged. Fraudulently keeping something you weren’t entitled to can also be considered Theft.
2. Is Theft a Misdemeanor or Felony in Fort Collins, Colorado?
It depends on the value of the property or services stolen:
|
Value Stolen |
Charge |
Potential Penalty |
| Less than $300 | Petty Offense | Up to 10 days jail, fine up to $300 |
| $300 – $999 | Class 2 Misdemeanor | Up to 120 days jail, fine up to $750 |
| $1,000 – $1,999 | Class 1 Misdemeanor | Up to 364 days jail, fine up to $1,000 |
| $2,000 – $4,999 | Class 6 Felony | 12–18 months prison, up to $100,000 fine |
| $5,000 – $19,999 | Class 5 Felony | 1–3 years prison, up to $100,000 fine |
| $20,000 – $99,999 | Class 4 Felony | 2–6 years prison, up to $500,000 fine |
| $100,000 – $999,999 | Class 3 Felony | 4–12 years prison, up to $750,000 fine |
| $1 million or more | Class 2 Felony | 8–24 years prison, up to $1 million fine |
3. Can I Be Charged with Theft If I Didn’t Leave the Store?
Yes. In Colorado, simply concealing merchandise with the intent to steal it, even if you haven’t exited the store, can lead to a Theft or Shoplifting charge. Store security often detains individuals before they reach the door if they believe there’s clear intent to steal.
4. What If I Was Charged with Theft Over a Mistake or Misunderstanding?
We see this often. Many Theft cases stem from:
- Forgetting to scan an item at self-checkout
- Picking up the wrong bag or property
- Miscommunication in a business or personal relationship
The prosecution must prove intent to steal. If there was no intent, or if it was an honest mistake, we can build a strong defense on your behalf.
5. What Happens If I’m Convicted of Theft?
A conviction can lead to jail or prison, fines, probation, and restitution to the alleged victim. Beyond that, a Theft conviction can damage your:
- Employment opportunities
- Immigration status
- Professional licenses
- Housing eligibility
Theft is considered a crime of dishonesty, which can follow you for years, especially if it appears on background checks.
6. Can Theft Charges Be Dismissed or Reduced?
Yes, depending on the circumstances, possible outcomes may include:
- Dismissal due to lack of evidence or constitutional violations
- Reduction to a lesser charge (e.g., from felony to misdemeanor)
- Deferred judgment (you complete probation and the charge is dismissed)
- Diversion programs (especially for first-time offenders)
A skilled Larimer County defense lawyer can evaluate your case and push for the best possible outcome.
7. What If I Already Paid for the Item or Returned It?
Returning stolen property does not erase the crime, but it can be used as a mitigating factor during plea negotiations or sentencing. It shows remorse and may help your case, but it doesn’t automatically result in dismissal.
8. Can I Seal a Theft Conviction in Colorado?
Yes, in some cases. If your Theft charge was dismissed or you successfully completed a deferred judgment, you may be eligible to seal your record. If you were convicted, the waiting period to seal depends on:
- The level of the offense
- Whether you have any other criminal convictions
- How long it’s been since completing your sentence
A lawyer can help determine if you’re eligible to seal your Theft record and guide you through the process.
9. Do I Need a Lawyer for a Theft Charge in Fort Collins, Colorado?
Absolutely. Even a misdemeanor Theft charge can have serious consequences. An experienced Fort Collins criminal defense attorney can:
- Evaluate the prosecution’s evidence
- Challenge unlawful searches or arrests
- Negotiate for a dismissal, reduction, or diversion
- Represent you in court and protect your rights
Don’t take chances with your future — get help from a lawyer who understands Colorado’s laws and the local court system.
Charged with Theft in Colorado? We’re Here to Help.
At O’Malley Law Office, we’ve successfully defended clients facing Theft charges throughout Colorado, from petty Theft to high-level felonies. We provide aggressive, strategic defense and treat every client with respect and discretion.