Colorado Springs Theft Charges Attorneys

Dealing with theft charges can be daunting. Our team of skilled theft attorneys at Black, Blink, & Associates LLC, offers a strong defense against these allegations. We understand the seriousness of theft charges and have the experience to back it up. Our theft defense attorneys can adeptly guide you through Colorado’s complex theft laws.

Types Of Theft Crimes In Colorado

Colorado’s theft laws are comprehensive, encompassing a wide array of offenses beyond the usual acts like stealing money or goods. The definition covers actions like acquiring items deceptively, receiving stolen property, extortion, embezzlement, and misrepresenting eligibility for public benefits. The central premise revolves around the intention of depriving an owner of their property, either permanently or with conditions.

Based on the value of stolen items or services, theft is categorized into varying levels of severity, ranging from petty theft to grand theft:

• Petty Theft: Involves property or services valued at less than $300. Potential penalties can include up to ten days in jail and fines of $300.
• Misdemeanor Theft: Divided into Class 2 (property valued from $300 to $1,000) and Class 1 (property valued from $1,000 to $2,000). Penalties can range from 120 days to 364 days in jail and fines from $750 to $1,000.
• Grand or Felony Theft: This covers thefts that exceed $2,000, with five classifications. At the upper end, Class 2 Felony theft, involving stolen property over $1,000,000, can result in up to 24 years in prison and fines of up to $1,000,000.

Additionally, shoplifting, a common form of theft in Colorado, can be categorized based on the item’s value, with escalated penalties for those with prior shoplifting convictions. Identity theft is another form of theft.

The Consequences Of A Theft Conviction

In Colorado Springs, being accused of theft carries more than just legal consequences. It can significantly tarnish your reputation and trustworthiness in personal and professional circles. The stain of a theft charge can linger, influencing potential employers during background checks and affecting interpersonal relationships.

Furthermore, repeated felony offenses can intensify penalties. Habitual felons, or those convicted multiple times, can face sentences up to three times the maximum sentence.

Considering the intricate nature of theft laws and the profound personal and professional implications of a theft charge, having a competent Colorado Springs theft attorney becomes crucial. At Black, Blink, & Associates LLC, our commitment transcends the courtroom. We offer counsel, steadfast defense and compassion for the challenges you face.

What Is The Difference Between Theft And Robbery?

In Colorado, theft and robbery both involve taking property without permission. Robbery, however, includes the use of force or threats and requires the victim’s presence during the act. Understanding this distinction is essential when facing charges.

Defense Strategies For Fighting Theft Crime Charges

Depending on the facts of your case, there can be several different defense strategies to employ. For example, there can be:

• Questions with respect to property ownership: If the item was genuinely believed to be owned or shared, especially in relationships or familial setups, confusion about property ownership can be a defense.
• Questions with respect to gifting: Sometimes, in elder theft cases, the property was actually intended to be a gift, and the charges are a result of miscommunication.
• Questions regarding the intent of the accused: Colorado theft laws require that the act was “knowingly” committed. In other words, the prosecutor has to prove that the accused was aware of their actions and conscious that those actions constituted theft.

If the accused genuinely believed their actions were lawful, even if it was due to incorrect or incomplete information, there is an argument for the accused’s defense.

If you are facing theft or robbery charges in Colorado, hiring a knowledgeable Colorado Springs criminal defense lawyer can help you navigate the complexities of your case, better understand the criminal justice process and ensure a solid defense.

What are the 25 Most Common Questions and Answers When Charge With Theft in Colorado

Black, Blink, & Associates provides free consultation to people charge with a crime in Colorado. To schedule a free consultation call 719-328-1616 or by going to the website, Blackandblinklaw.com.

Here are some common questions and answers you might have if you are facing theft charges in Colorado:

General questions

What is considered theft in Colorado?

Theft in Colorado is the knowing taking, keeping, or controlling someone else’s property without permission, or through threat or deception, intending to permanently deny the owner its use or benefit.

Is theft a felony or a misdemeanor in Colorado?

Theft can be a felony or misdemeanor in Colorado depending on value. Often people are overcharged by law enforcement because the value is miscalculated. Contact Black, Blink, & Associates, who will property defend you.

What are the different classifications of theft?

Colorado categorizes theft into classes based on the value of the stolen property:

• Less than $300 is a Petty offense.
• $300, or more, but less than $1,000 is a Class 2 misdemeanor.
• $1,000 or more, but less than $2,000 is a Class 1 misdemeanor.
• $2,000 or more, but less than $5,000 is a class 6 felony.
• $5,000 or more, but less than $20,000 is a class 5 felony.
• $20,000 or more, but less than $100,000 is a class 4 felony.
• $100,000 or more, but less than $1,000,000 is a class 3 felony.
• $1,000,000 or more is a class 2 felony.

What are the potential penalties for theft?

Penalties range from fines and community service for petty offenses to lengthy prison sentences and significant fines for felony convictions.

Can someone go to jail or prison for theft?

Yes, depending on the severity of the theft, jail time (misdemeanor) or prison time (felony) is possible. It is important to have a qualified attorney represent a person charged with theft.

Defenses to theft charges

What are some common defenses against theft charges?

• Lack of intent to steal.
• Mistaken identity.
• The property owner.
• Borrowing the property.
• Weak or insufficient evidence.
• Illegal search and seizure by police.

How can someone prove they didn’t intend to steal?

Evidence can be presented to show the actions were accidental, or that there was a reasonable belief that the property belonged to the person or they had permission to take it. Black, Blink, & Associates can prepare a proper defense.

What if someone was falsely accused?

Having an experienced criminal defense attorney can help prepare a defense for the defendant. Many criminal defense attorneys provide free consultations. For a free consultation click on the link: Free Consolation.

What is the role of a criminal defense attorney?

An experienced criminal defense attorney can review and explain the charges, investigate the facts, develop a defense strategy, negotiate with the prosecution, and represent you in court. Black, Blink, & Associates has a combined 60 years of criminal defense experience in theft cases.

Court Process and Potential Outcomes

What is an arraignment?

The arraignment is the first court appearance, where the accused is informed of the charges and asked to enter a plea (guilty, not guilty, or no contest).

Can the charges be reduced or dismissed?

Yes. Charges can be reduce through plea negotiations with the prosecutor. An experienced attorney may be able to show weaknesses in the prosecution’s case, lack of intent, debate the value of the property, or if a judge grants a motion to suppress evidence.

What is a plea deal?

A plea deal involves negotiating with the prosecution for a reduced charge or a lighter sentence in exchange for a guilty plea. Black, Blink, & Associates often gets plea offers that will prevent their clients from facing convictions and jail sentences.

Can someone get probation instead of jail time?

Yes. Depending on the charge, the facts, and prior record, often jail is not a condition. 

What is restitution?

Restitution is basically paying the victim for damages. A court order requiring payment to the victim for the stolen property or damages is common. Value can be debated to reduce the restitution.

Long-term consequences

Will a theft conviction affect job prospects?

Yes, a theft conviction, even a misdemeanor, can impact job opportunities as many employers conduct background checks. Black, Blink, & Associates has protected numerous clients from having permanent convictions on their record.

Can a theft conviction be sealed from a record?

In some cases, yes. Colorado allows the sealing of certain criminal records after a waiting period, but convictions for more serious felonies (like stealing $100,000 or more) are generally not sealable. Colorado sealing statutes have been amended over the years to allow people to seal their records.

How long does a theft conviction stay on a record?

A felony theft conviction that is not sealable will remain on the record indefinitely.

Can someone travel internationally with a theft conviction?

A criminal record, including a theft conviction, can affect eligibility to travel to some countries. 

Specific Types of Theft

What is shoplifting, and what are the penalties?

Shoplifting involves taking items from a store without paying or concealing the items while in the store. Penalties vary based on the value of the items, similar to other forms of theft.

Is auto theft a felony in Colorado?

Yes, theft of a motor vehicle is always a felony in Colorado, with varying degrees and penalties.

What is grand theft, and what are the penalties?

Grand theft typically refers to felony theft involving property valued at $2,000 or more, carrying harsher penalties than misdemeanor theft.

What is theft from an at-risk person?

Theft from an “at-risk” person (disabled or elderly individuals) carries significantly harsher penalties, even for lower value amounts due to the victims vulnerability.

Other important questions

Should someone speak to the police if accused of theft?

A person should be polite to the police and only provide name, date of birth, and social security information. A person should politely decline to answer other questions, invoking their right to remain silent and their right to have an attorney present. The attorneys at Black, Blink, & Associates are often available to assist people being charged in these situations.

What should someone do immediately after being charged with theft?

Contact an attorney at Black, Blink, & Associates at 719-328-1616 or clicking here for a free consult.

How can a Colorado criminal defense attorney help with theft charges?

An experienced criminal defense attorney can review the evidence, facts, and circumstances related to the charges. They can represent a person through the legal process, protect their rights, explore potential defenses, negotiate on their behalf, and work towards achieving the best possible outcome for the case, potentially including a reduced sentence or even dismissal of charges. Black, Blink & Associate’s attorneys have a combined experience of 60 years.

For a free consultation, contact Black, Blink, & Associates at 719-328-1616 or clinking here for a free consultation.

Disclaimer: This information is for general educational purposes and should not be considered legal advice. Consulting with a qualified Colorado criminal defense attorney is essential for specific advice regarding theft charges.

Schedule A Consultation With A Colorado Springs Theft Defense Lawyer

Our criminal defense and theft crimes lawyers have decades of combined experience. They will analyze the facts of your case and craft a defense based on their intricate understanding of Colorado theft laws and their courtroom experience defending such crimes. To schedule a consultation, you can send a message using the online form. You can also call our office at 719-694-0578.