What is Theft in Fort Collins?
Colorado law defines C.R.S. 18-4-401 – Theft – as:
- Intends to deprive the other person permanently of the use or benefit of the thing of value;
- Knowingly uses, conceals, or abandons the thing of value in such manner as to deprive the other person permanently of its use or benefit;
- 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;
- 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
- Knowingly retains the thing of value more than seventy-two hours after the agreed-upon time of return in any lease or hire agreement.
In other words, in Fort Collins, Loveland and Estes Park, Theft is taking something of value without permission, with the intent of never returning it. Shoplifting is generally charged when someone is accused of taking or trying to take something from a store or business. It will not matter if you actually took the item from the store or if you were caught before leaving. Theft will be charged either way, by summons or criminal complaint.
What is the Sentence for a Theft Conviction in Larimer County?
In Larimer, Boulder, and Grand County, Theft can be charged as a class 2 petty offense all the way up to a class 2 felony depending on the value of the item taken.
Petty and Misdemeanor Theft Offenses:
| Class 1 Petty Offense | Class 3 Misdemeanor | Class 2 Misdemeanor | Class 1 Misdemeanor | |
| Item Price Range | Less than $50 | $50 to $299 | $300 to $749 | $750 to $1,999 |
| Maximum Penalty | *$500 fine
*6 months jail |
*$750 fine
*6 months jail |
*$1,000 fine
*12 months jail |
*$5,000
*18 months jail |
Felony Theft Offenses:
| Class 6 Felony | Class 5 Felony | Class 4 Felony | Class 3 Felony | Class 2 Felony | |
| Item 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 |
Examples of Shoplifting Theft
Our experienced lawyers will require the district attorney to prove you acted with purpose and intent to take the item.
We see Shoplifting cases where a teenager took something as small as a pair of earrings or a food item and they were caught before leaving the store. In these cases, special considerations can be worked out in a plea agreement, especially if it is a first time offense.
We have also helped clients who have absent-mindedly put items in their pockets or purse and were charged with Theft. In these types of cases an expert criminal defense attorney can be instrumental in helping you. Our experienced lawyers will require the district attorney to prove you acted with purpose and intent to take the item.
How a Lawyer from the O’Malley Law Office Can Help
Your criminal record is the most important thing to consider. Future employers and potential landlords may pass you over if you have a Theft conviction in your past. Our experienced attorneys care for you and your circumstances and will fight for your future.