Under Colorado law, theft offenses range from minor petty theft to serious felony theft depending on the value of the stolen property and the intent behind the act. While many people use the terms “petty theft” and “shoplifting” interchangeably, they have distinct legal meanings and consequences.
If you or a loved one is facing theft charges in Denver or anywhere in Colorado, it’s important to understand how the law defines each type of offense, what penalties may apply, and how a skilled criminal defense attorney can help protect your rights and your future.
What Theft Means Under Colorado Law
According to Colorado Revised Statutes (CRS 18-4-401), a person commits theft when they knowingly take, retain, or exercise control over someone else’s property without permission and with the intent to permanently deprive the owner of it.
This law applies to a wide range of conduct — from shoplifting at a store to auto theft or taking trade secrets. The value of the property, along with intent, determines the severity of the charge. Even an attempt to steal can result in criminal penalties.
Petty Theft: Small Value, Real Consequences
Petty theft is the lowest level of theft under Colorado law, typically involving stolen items valued under $300. It’s classified as a petty offense, which still carries serious consequences.
Someone caught taking an inexpensive item from a friend, an unattended wallet, or minor property from a workplace can face this charge. Even though it’s considered a lower-level offense, it’s still treated as a crime of dishonesty — which can harm your reputation, job prospects, and housing opportunities.
Penalties for petty theft may include:
- Up to 10 days in jail
- Fines up to $300
- Community service
- Restitution to the alleged victim
A conviction, even for a petty offense, can result in a criminal record that remains visible to employers, landlords, and licensing boards.
Shoplifting and Colorado’s Retail Theft Laws
Shoplifting occurs when someone steals merchandise from a retail store or attempts to avoid paying the full price for an item. This might include hiding merchandise, switching price tags, committing fraudulent returns, or abusing self-checkout systems.
Although shoplifting falls under the general theft in Colorado statute, courts often treat it more harshly because of its connection to organized retail crime prevention efforts. There some cities in Colorado that have created mandatory minimums for shoplifting cases to deter the behavior in their cities.
How Theft Is Classified by Value in Colorado
The value of the stolen property determines whether the crime is charged as a petty theft, misdemeanor theft, or felony theft. The thresholds are as follows:
| Value of Stolen Property | Charge | Potential Penalties |
| Less than $300 | Petty Theft | Up to 10 days in jail, up to $300 fine |
| $300 – $1,000 | Class 2 Misdemeanor Theft | Up to 120 days in jail, up to $750 fine |
| $1,000 – $2,000 | Class 1 Misdemeanor Theft | Up to 364 days in jail, up to $1,000 fine |
| $2,000 – $5,000 | Class 6 Felony Theft | 12–18 months in prison |
| $5,000 – $20,000 | Class 5 Felony Theft | 1–3 years in prison |
| $20,000 – $100,000 | Class 4 Felony Theft | 2–6 years in prison |
| $100,000 – $1 million | Class 3 Felony Theft | 4–12 years in prison |
| Over $1 million | Class 2 Felony Theft | 8–24 years in prison |
These thresholds apply not only to shoplifting cases, but to any theft charges involving property, money, or goods.
Misdemeanor and Felony Theft Explained
Once the value of the stolen items exceeds $300, the offense becomes misdemeanor theft. For example, taking a smartphone worth $800 could lead to a class 2 misdemeanor charge, punishable by up to 120 days in jail.
If the property is valued between $1,000 and $2,000, it’s a class 1 misdemeanor, which carries up to one year in jail. These crimes are still serious and can have long-term consequences, especially for repeat offenders.
When the property valued is above $2,000, the charge becomes felony theft. Felonies bring higher fines, potential years in prison, and a permanent record that can limit employment, education, and even housing opportunities.
Key Differences Between Petty Theft and Shoplifting
While petty theft and shoplifting overlap, there are clear distinctions:
| Factor | Petty Theft | Shoplifting |
| Typical Situation | Taking small personal items | Stealing from a store or retailer |
| Legal Category | Petty offense or misdemeanor | Misdemeanor or felony depending on value |
| Intent | To permanently deprive the owner | To remove, conceal, or not pay for merchandise |
| Proof Needed | Possession without permission | Actions caught by store employees or surveillance footage |
| Penalties | Jail, fines, community service | Jail or prison, fines, probation |
| Other Effects | Criminal record | Professional license or immigration issues |
Both crimes can lead to jail time, but shoplifting convictions often draw stricter scrutiny because they involve retail store victims and repeat offenses are common.
Factors That Can Aggravate a Theft Charge
Certain circumstances surrounding a case can elevate charges or increase penalties. These include:
- Prior convictions for theft or fraud
- Theft involving stolen goods worth a significant amount
- Organized or repeated retail theft activity
- Theft from vulnerable victims such as elderly individuals
- Attempts to tamper with surveillance footage or destroy evidence
The presence of these factors may turn a misdemeanor theft case into a felony charge under Colorado law.
Common Defenses Against Theft or Shoplifting Charges
A knowledgeable criminal defense lawyer can examine the details of your case to determine the most effective defense. Common strategies include:
Lack of Intent: If the prosecution cannot prove that you intended to steal or permanently deprive the owner of their property, you cannot be convicted of theft.
Mistaken Identity: Crowded stores or unclear video can lead to wrongful arrests. A defense attorney can challenge unreliable surveillance footage or eyewitness accounts.
Ownership or Consent: If you believed you had permission to use or take the property, your attorney can argue that no theft occurred.
Illegal Search or Seizure: If police searched you or your belongings without proper cause, evidence may be inadmissible in court.
Insufficient Evidence: When the prosecution relies on weak or circumstantial proof, your defense attorney can argue for dismissal or negotiate reduced charges.
The Hidden Consequences of a Theft Conviction
Even a relatively minor shoplifting charge or petty theft conviction can have serious ripple effects beyond the courtroom. These include:
- A permanent criminal record that employers can access
- Ineligibility for certain professional licenses
- Immigration complications for non-citizens
- Limited access to housing opportunities
- Reputational damage and loss of trust
- Theft convictions are admissible against you in future testimony
The long-term impact of a theft conviction can far outweigh the initial criminal penalties. That’s why it’s essential to have strong legal representation early in the process.
Why Legal Representation Matters
Theft laws in Colorado are complex. The value of the stolen property, your prior convictions, and even the circumstances surrounding your arrest can change the outcome of your case.
An experienced criminal defense attorney will:
- Review the evidence and identify weaknesses in the prosecution’s case
- Challenge unlawful searches or unreliable store employee testimony
- Negotiate plea deals or diversion programs for first-time offenders
- Protect your rights in court and work to minimize penalties
Having a Denver criminal defense attorney on your side gives you the best chance to avoid jail time and preserve your record.
How Wolf Law Can Help
At Wolf Law Colorado, our criminal defense lawyers have successfully represented clients charged with petty theft, shoplifting, and felony theft throughout Denver and surrounding areas.
We know how to navigate the Colorado theft laws, question the prosecution’s evidence, and fight for outcomes that protect your freedom and reputation. Our law offices provide compassionate guidance and aggressive defense from start to finish.
If you’ve been accused of theft, don’t wait. Early legal intervention can make the difference between a conviction and a dismissal.
Call Wolf Law today at (720) 479-8574 for a free consultation with an experienced criminal defense attorney in Denver.
We’ll explain your legal options, fight to reduce or dismiss your theft charges, and work tirelessly to defend your future.
