A theft charge in Colorado Springs is far more serious than many people initially realize. What may seem like a minor incident, a shoplifting accusation, a billing dispute, or a misunderstanding at work, can quickly become a criminal case with lasting consequences.
Depending on the value involved, theft can range from a petty offense to a Class 2 felony. Theft of $1,000,000 or more is a Class 2 felony punishable by 8 to 24 years in prison and 5 years of mandatory parole.
Colorado theft law is governed primarily by C.R.S. § 18-4-401, which broadly defines theft as knowingly obtaining, retaining, or controlling anything of value belonging to another person without authorization, or by deception, with the intent to permanently deprive that person of it.
The law applies to property, services, and even intangible assets, and it encompasses a wide range of conduct from retail shoplifting to sophisticated fraud schemes.
If you have been arrested, cited, or notified that you are under investigation for theft in Colorado Springs, El Paso County, or the surrounding area, the decisions you make in the first hours and days will directly affect the outcome of your case.
The McDowell Law Firm defends clients against all levels of theft charges, from petty offenses to serious felonies, and provides the aggressive, experienced representation you need when everything is on the line.
Important: You have the right to remain silent and the right to an attorney. Do not speak to police, investigators, or loss prevention officers without legal counsel present. Even well-intentioned explanations can be used against you. Contact a Colorado Springs theft defense lawyer first.
Understanding the case is critical to building a strong and effective defense.
Many people assume they can wait and see how a theft charge unfolds, or that they can handle the situation themselves.
That approach almost always makes things worse. Here is why retaining a theft defense lawyer as early as possible gives you the best chance at the best outcome.
Police, loss prevention officers, and investigators are trained to gather evidence, not to protect you. An attorney ensures you do not inadvertently waive your constitutional rights during questioning, lineups, or searches. What you say before you hire a lawyer can and will be used against you.
A theft conviction, at any level, appears on background checks. It can disqualify you from employment, revoke professional licenses, end housing applications, and affect your immigration status (if applicable). Your attorney can often negotiate outcomes that protect your record before a conviction ever occurs.
Talking to police without counsel, accepting a plea deal without understanding the long-term consequences, or missing a court date can transform a manageable situation into a much more serious one. An experienced attorney guides you through every step, so you do not inadvertently harm your own case.
Surveillance footage gets overwritten. Witnesses’ memories fade. Physical evidence is processed and stored. The earlier your attorney begins investigating, the more tools are available to build your defense, and the more pressure can be applied before the prosecution’s case solidifies.
If you are in custody, a theft defense attorney can appear at your bond hearing and argue for reduced or PR (personal recognizance) bond, securing your release while your case proceeds.
From challenging the alleged value of the property to exposing unlawful police conduct, early legal intervention opens the door to plea negotiations, diversion programs, deferred judgments, and sometimes even dismissals that may not be available once the case progresses further.
Our client was found Not Guilty by the jury for theft. The charges against our client were based on an investigation conducted by the National Guard (GRAP) program, which was included in what was called “the largest criminal investigation in the history of the Army’s Criminal Investigation Command”.
Theft crimes in Colorado take many forms. The specific charge you face will depend on the nature of the conduct, the value involved, and any aggravating circumstances.
Below is an overview of the most common theft offenses handled in El Paso County courts.
Shoplifting (or retail theft) is one of the most frequently charged theft offenses in Colorado Springs.
Under Colorado law, retail theft occurs when someone takes merchandise from a store, alters price tags, transfers goods between containers, or otherwise deprives a retailer of the value of merchandise without full payment. For amounts under $300, this is a petty offense.
However, repeat offenses, use of booster bags, or organized retail theft activity can trigger higher charges. Retailers also have the right to pursue civil recovery in addition to any criminal charges.
Theft of property or services valued between $300 and $1,999.99 is charged as a misdemeanor in Colorado. Class 2 misdemeanor theft covers the $300–$999.99 range, while Class 1 misdemeanor theft applies to the $1,000–$1,999.99 range.
A misdemeanor conviction still creates a permanent criminal record visible to employers, landlords, and licensing boards.
When the value of stolen property or services reaches $2,000 or more, Colorado classifies the offense as felony theft. Felony theft convictions expose a defendant to prison, mandatory parole, substantial fines, and restitution.
In some lower-level felony cases, particularly Class 5 and Class 6 felonies for first-time offenders, probation may still be available.
A felony theft conviction permanently eliminates the right to possess firearms under federal and Colorado law. In Colorado, voting rights are suspended only while incarcerated and are restored automatically upon release.
Theft by deception occurs when someone uses false statements, fraudulent representations, or misleading conduct to obtain property or services. This includes writing bad checks, misrepresenting the value of items in a trade, creating false invoices, and contractor fraud.
Prosecution of these cases often involves financial records, emails, and witness testimony.
Colorado does not have a separate embezzlement statute. What is referred to as “embezzlement” is prosecuted under the general theft statute (C.R.S. § 18-4-401) as theft by an employee, fiduciary, or trusted individual who misappropriates funds or property entrusted to them.
These cases frequently involve large dollar amounts and are prosecuted aggressively, often alongside charges of computer crime or forgery.
Under C.R.S. § 18-4-410, it is a crime to receive, retain, loan money against, possess, or dispose of stolen property knowing or having reasonable grounds to believe it was obtained through theft.
Defense attorneys frequently challenge the “should have known” standard, particularly in cases involving secondhand purchases or online marketplaces.
Related Theft Crimes:
Although distinct from theft, the following offenses are frequently charged alongside theft crimes or arise from similar circumstances:
Burglary involves unlawfully entering or remaining in a building or occupied structure with intent to commit a crime inside. Second-degree burglary of a dwelling is treated more seriously than burglary of a nonresidential structure. First-degree burglary applies when the person is armed with a deadly weapon or explosives, or assaults or menaces someone during the burglary.
Taking property from another person using force, threats, or intimidation. Robbery is generally a Class 4 felony. Aggravated robbery, which involves a deadly weapon or threats with a weapon, is generally a Class 3 felony and carries substantially greater penalties, including mandatory prison time.
Knowingly using another person’s financial or personal identifying information without consent to obtain money, credit, services, or any other thing of value. Identity theft is a Class 4 felony, with enhanced penalties for repeat offenses or offenses involving multiple victims.
Using a credit card, debit card, or other financial device without the owner’s consent, or using a fraudulently obtained device to obtain money or goods.
Colorado sets theft penalties based primarily on the value of the stolen property or services. The following represents the current penalty structure under C.R.S. § 18-4-401 and applicable sentencing statutes.
Note: Fines shown are statutory maximums. Actual fines are set by the court based on circumstances. Sentence ranges shown are presumptive ranges; extraordinary aggravating or mitigating factors can result in sentences outside these ranges.
Certain circumstances can significantly escalate a theft charge beyond what the dollar value alone would suggest:
Understanding the criminal process from arrest to resolution helps you make better decisions and reduces the anxiety of facing the unknown.
Here is a step-by-step overview of how theft cases typically proceed in El Paso County.
For lower-level theft offenses, law enforcement may issue a summons or citation requiring you to appear in court rather than making a physical arrest. For more serious theft charges, you will likely be taken into custody (arrested).
Regardless of whether you are arrested or cited, the case is now on your record as a pending charge.
If you are arrested, you will be taken to the El Paso County Criminal Justice Center for booking. This involves recording your personal information, photographing, fingerprinting, and taking a property inventory.
You will be placed in the general detention population or a holding area while bond is determined.
For many theft charges, you may be released on personal recognizance (PR bond), a written promise to appear, or on a monetary bond. A theft defense attorney can appear at your bond hearing and argue for a reduced or PR bond, potentially securing your release much faster. For felony theft charges, bond hearings are especially important.
At your first appearance, the court formally informs you of the charges, your rights, and any bond conditions. You will be asked whether you have an attorney. Having an attorney present at this stage is critical.
After your arraignment, your attorney will receive discovery, the evidence the prosecution intends to use against you, including police reports, witness statements, surveillance footage, and forensic reports. Your attorney will analyze this evidence for weaknesses, constitutional violations, and defense opportunities.
The majority of criminal cases in Colorado, including theft cases, are resolved through negotiated plea agreements rather than trial. Your attorney will negotiate with the prosecutor for reduced charges, lower sentencing recommendations, diversion program placement, or outright dismissal. Having a former prosecutor on your side means understanding exactly how the DA’s office evaluates cases.
If a satisfactory resolution cannot be reached through negotiation, your case will proceed to trial. You have the constitutional right to a jury trial for any offense that carries more than six months of potential incarceration. Cases may also be dismissed before trial if the court grants a motion to suppress evidence or if the prosecution cannot meet its burden.
You have powerful constitutional rights that apply from the moment you become a suspect.
Understanding and exercising these rights can make a decisive difference in the outcome of your case.
You are not required to answer questions from police, investigators, store security, or loss prevention officers. Invoking your right to remain silent cannot be used against you — but your statements can be.
You have the right to have an attorney present during any custodial interrogation. Invoking this right requires police to immediately stop questioning.
Police generally need a warrant or a recognized exception to search your person, vehicle, or home. Evidence obtained through an illegal search may be suppressed.
You are presumed innocent until proven guilty beyond a reasonable doubt. The burden of proof rests entirely with the prosecution.
You have the right to hear the evidence against you and cross-examine any witness who testifies at your trial.
Colorado law requires that your case be resolved within a constitutionally prescribed time frame.
If you are convicted, you have the right to appeal the conviction and/or sentence to a higher court if legal errors occurred during your trial.
Every theft case is different, and the best defense depends on the specific facts, the strength of the prosecution’s evidence, and the applicable law. Our attorney evaluates every available strategy for each client.
Theft requires that you knowingly and intentionally deprive another of their property. Accidents, honest mistakes, and genuine misunderstandings do not constitute theft. If you forgot to pay for an item or were unaware of a price discrepancy, the intent element may not be met.
Theft accusations are not always accurate. Witnesses misidentify people. Loss prevention officers make mistakes. Surveillance footage is misinterpreted. We rigorously challenge identification evidence and expose any inconsistencies that undermine the prosecution’s narrative.
You cannot steal what is already yours, or what you have a legitimate legal claim to. If the property in question is jointly owned, subject to a contractual claim, or was given to you voluntarily, an ownership or claim of right defense may apply.
The prosecution must prove the value of the stolen property beyond a reasonable doubt. If the alleged value is inflated, estimated rather than substantiated, or calculated incorrectly, challenging the valuation can reduce or eliminate a felony charge.
If you were forced to commit theft under threat of serious harm, duress may be a valid defense. Similarly, if law enforcement induced you to commit a theft crime you otherwise would not have committed, entrapment can be raised, particularly in organized retail theft sting operations. This defense is rare and can be very difficult to establish.
If police searched you, your vehicle, or your property without a valid warrant or recognized exception, any evidence obtained from that search may be suppressed. Without that evidence, the prosecution’s case may collapse entirely.
If the owner authorized you to take or use the property, even informally, there is no theft. This defense is particularly relevant in workplace theft accusations, family disputes over shared property, and situations where the alleged theft arose from a misunderstanding about access rights.
In theft-by-receiving cases, the prosecution must prove you knew or reasonably should have known the property was stolen. If you purchased an item from a legitimate-seeming source, paid fair market value, or had no reason to suspect the item was stolen, you may have a strong defense.
In narrow circumstances, Colorado law permits a “necessity” or “choice of evils” defense under C.R.S. § 18-1-702, where conduct that would otherwise be criminal is justified because it was necessary to prevent a greater harm.
Yes, and it happens more often than people expect, particularly for first-time offenders or cases where the evidence is weak or the circumstances are mitigating.
The goal of skilled theft defense is not always to take a case to trial. Many times, we are able to find a favorable resolution well before trial.
A theft charge or conviction does not have to follow you for the rest of your life. Colorado law provides a path to sealing criminal records under C.R.S. §§ 24-72-706 and 24-72-708, allowing you to move forward with housing applications, employment, and licensing without the shadow of a past charge.
However, not every theft conviction qualifies. Eligibility depends on the specific offense, sentence, and prior criminal history, and you should speak with an attorney to determine whether sealing is available to you.
What can be sealed? In Colorado, arrests that did not lead to conviction, charges that were dismissed, and certain completed convictions may be eligible for sealing:
Important note: Colorado does not have a traditional “expungement” process for adult criminal records (except for juvenile records and certain drug convictions). The primary remedy for adults is record sealing under C.R.S. § 24-72-706, which makes the record inaccessible to the general public and most employers but does not permanently destroy it. Sealed records may still be accessed by law enforcement and certain government agencies.
Not all criminal defense attorneys are the same, and when you are facing theft charges that could alter the course of your life, you need more than someone who simply knows the law. You need an attorney who knows how prosecutors think, how local courts operate, and how to fight effectively for the best possible result.
Josh McDowell served as a prosecutor before entering criminal defense practice. That background gives him insight into how the DA’s office builds theft cases, what evidence they prioritize, and what arguments resonate with prosecutors and judges.
Knowing how the other side thinks is one of the most powerful advantages a defense attorney can have.
From shoplifting cases to high-stakes felony theft charges, The McDowell Law Firm has achieved reduced charges, dismissals, and favorable plea resolutions across the spectrum of theft offenses. Our track record reflects a commitment to fighting hard for every client, regardless of the charge level.
At The McDowell Law Firm, you work directly with Attorney Josh McDowell. Your calls are returned promptly, your questions are answered clearly, and your case receives the focused, individualized attention it deserves. You are never a case number to us.
Local experience matters, relationships, courtroom reputation, and an understanding of local judicial tendencies can make a real difference in your outcome.
Our approach combines courtroom advocacy with strategic negotiation. We know when to fight and when to negotiate, and we pursue every available avenue to minimize the consequences you face, whether that means filing suppression motions, challenging valuations, or securing a diversion agreement that protects your record.
Time matters in theft cases. We offer a free, confidential consultation so you can understand your situation and your options without any financial pressure or commitment. Call today and speak directly with Josh McDowell: (719) 227-0022
The McDowell Law Firm provides comprehensive defense for the full spectrum of theft and theft-related offenses in Colorado Springs, El Paso County, and surrounding communities. Every client receives direct access to Attorney Josh McDowell.
From first-time retail theft to organized shoplifting accusations, we may challenge the loss prevention evidence, surveillance interpretations, and intent behind every shoplifting charge.
High-stakes felony theft cases demand aggressive, experience-driven defense. We examine every element of the prosecution’s evidence and fight to keep you out of prison.
Wire fraud, Ponzi schemes, contractor fraud, and financial deception cases are complex, we dig into financial records, digital evidence, and expert testimony.
Colorado prosecutes identity theft (C.R.S. § 18-5-902) as a Class 4 felony. We defend against both state and federal identity theft charges.
Workplace theft accusations often arise from accounting errors, misunderstandings, or disgruntled colleagues. We conduct an independent analysis of financial records.
Even a petty theft conviction affects your record. We pursue diversion, deferred judgment, and dismissal outcomes for minor theft offenses.
Aggravated motor vehicle theft carries its own enhanced penalty structure. We address both standard vehicle theft charges and the more serious aggravated variety.
The right attorney makes all the difference. Former prosecutor Josh McDowell provides the aggressive, knowledgeable defense you need to protect your rights, your record, and your future. Your free consultation is one call away.
In Colorado, theft becomes a felony when the value of the stolen property or services is $2,000 or more. At that threshold, you are facing a Class 6 felony under C.R.S. § 18-4-401, which carries 12 to 18 months in prison and up to a $100,000 fine. As the dollar amount increases, the felony class escalates, all the way to a Class 2 felony for thefts over $1,000,000, which carries up to 24 years in prison.
A theft of $30,000 falls in the $20,000–$99,999.99 range, which makes it a Class 4 felony under Colorado law. A Class 4 felony carries a presumptive sentence of 2 to 6 years in Colorado state prison, 3 years of mandatory parole after release, and fines up to $500,000.
The lowest theft charge in Colorado is a petty offense, which applies when the value of the stolen property or services is under $300. A petty offense carries a maximum of 10 days in jail and a $300 fine. However, even a petty theft conviction still creates a criminal record visible on background checks.
Theft (C.R.S. § 18-4-401): Taking property without the owner’s authorization, by deception, or without intent to pay, generally without direct confrontation or unlawful entry.
Robbery (C.R.S. § 18-4-301): Taking property directly from another person using force, intimidation, or threats. Robbery is a Class 4 felony; aggravated robbery involving a deadly weapon is generally a Class 3 felony with mandatory prison time.
Burglary (C.R.S. § 18-4-202 / 18-4-203): Unlawfully entering or remaining in a building or occupied structure with the intent to commit a crime inside. You do not need to actually complete the theft, the unlawful entry with criminal intent is the crime.
Yes, but it depends on many factors. The facts of the case, level of the charge and your criminal history all play a part. Some options include pre-prosecution diversion programs, deferred judgment agreements, or outright dismissal if the evidence is insufficient. The sooner you retain a theft defense attorney, the more options are available.
A misdemeanor theft case handled through negotiation or diversion may resolve in 3 to 6 months. A felony theft case may take 4 to 12 months or longer. Cases that go to trial can take considerably longer. Every case is different; these are just ballpark times.
No. You should not speak to police, investigators, store security, or loss prevention officers about a theft accusation without your attorney present. Politely tell law enforcement: “I am invoking my right to remain silent and my right to an attorney.” Then call a Colorado Springs theft defense lawyer immediately.
Legal fees vary depending on the complexity of the case, the charge level, and whether the case goes to trial. At The McDowell Law Firm, we offer a free initial consultation and will provide transparent fee information during that meeting.
For a first-time shoplifting offense valued under $300, jail is possible but rarely imposed. An experienced attorney can often negotiate outcomes for first-time shoplifting charges that avoid any jail time, including deferred judgment agreements, diversion programs, or community service arrangements. Depending on the level of the crime and your criminal history, jail is a potential outcome.
Colorado courts use the fair market value of the stolen property at the time and location of the theft. The prosecution bears the burden of proving value beyond a reasonable doubt. This valuation can be challenged, particularly for items like jewelry, electronics, vehicles, and personal property, potentially reducing the charge level.
Yes. Under Colorado’s aggregation statute (C.R.S. § 18-4-401(4)), multiple thefts committed against the same victim within a six-month period as part of a single scheme or course of conduct can be combined into one charge at the total aggregated value. Defense attorneys routinely challenge the prosecution’s application of the aggregation rules. We typically see this in retail theft when a defendant has targeted the same business multiple times. Even if you think you got away with a theft, the store may have your picture on file to watch to see if you come back to steal again. They could even be waiting for your theft amounts to cross a felony threshold.
Without legal intervention, a theft conviction becomes a permanent part of your criminal record. However, Colorado law provides a record sealing process (C.R.S. §§ 24-72-706 and 24-72-708) for certain theft convictions after waiting periods, as well as for dismissed charges, diversion completions, and deferred judgments.
Yes, in many cases. Dismissed theft charges, completed diversion cases, and many misdemeanor theft convictions may be eligible for sealing under Colorado law. Some lower-level felony theft convictions may also qualify after a waiting period. However, not every theft conviction can be sealed; eligibility depends on the specific offense, the outcome of your case, and your prior criminal history. Speaking with an experienced Colorado Springs theft defense attorney is the best way to determine whether record sealing is available to you.
