There are three Colorado crimes that deal with taking something of value from another person: Robbery, Burglary and Theft. While each have their own individual aspects that separate them from the other, they are related in one big way. Lines between them can easily be crossed and a lesser offense can turn more serious quickly. For example, taking items from a store without paying is considered Theft or Shoplifting Theft, which, depending on the value of the items, can be a misdemeanor offense. However, fighting with the store employees when confronted can meet the requirements of the Robbery statute, which is a class 4 felony. One woman learned that the hard way when she did exactly that. She was allegedly taking items from a store and putting them in her purse when store personnel approached her. She ended up physically fighting the workers, which landed her with Robbery charges. She was arrested and held on $10,000 bond.
Larimer County Shoplifting Theft Attorney
The Colorado law definition of Theft – C.R.S. 18-4-401 – is:
(a) Intends to deprive the other person permanently of the use or benefit of the thing of value;
(b) Knowingly uses, conceals, or abandons the thing of value in such manner as to deprive the other person permanently of its use or benefit;
(c) Uses, conceals, or abandons the thing of value intending that such use, concealment, or abandonment will deprive the other person permanently of its use or benefit;
(d) Demands any consideration to which he or she is not legally entitled as a condition of restoring the thing of value to the other person; or
(e) Knowingly retains the thing of value more than seventy-two hours after the agreed-upon time of return in any lease or hire agreement.
Theft can be charged as a petty offense, misdemeanor or felony depending on the value of the items taken.
Petty and Misdemeanor Theft Offenses:
| Class 1 Petty Theft Offense | Class 3 Misdemeanor Theft | Class 2 Misdemeanor Theft | Class 1 Misdemeanor Theft | |
| Item Value or Price Range | Less than $50 | $50 to $299 | $300 to $749 | $750 to $1,999 |
| Maximum Penalty | *$500 fine
*6 months Larimer County Jail |
*$750 fine
*6 months Boulder County Jail |
*$1,000 fine
*12 months Grand County Jail |
*$5,000
*18 months Jackson County Jail |
Felony Theft Offenses:
| Class 6 Felony Theft | Class 5 Felony Theft | Class 4 Felony Theft | Class 3 Felony Theft | Class 2 Felony Theft | |
| Item Value or Price Range | $2,000 to $4,999 | $5,000 to $19,999 | $20,000 to $99,999 | $100,000 to $999,999 | $1,000,000 or more |
| Maximum Penalty | *$100,000 fine
*18 months prison |
*$100,000 fine
*3 years prison |
*$500,000 fine
*6 years prison |
$750,000 fine
*12 years prison |
*$1,000,000 fine
*24 years prison |
The woman was taking small items that could fit in her purse and they probably did not adding up to $2,000, meaning she would have been facing a misdemeanor charge. However, her physical reaction to being confronted got her charged with a felony.
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A Fort Collins Lawyer’s Robbery Definition
The Colorado law definition of Robbery – C.R.S. 18-4-301 – is:
Because the woman used force to take the items in the presence of the store employees, she is facing this felony charge. As a class 4 felony in Fort Collins, Loveland, and Estes Park, Robbery is punishable by 2 to 6 years in the Colorado Department of Corrections and up to $500,000 in fines. This is a very different outcome than what would have been her charge for the misdemeanor Theft.