Denver Theft & Burglary
Defense Attorney

Theft charges in Colorado range from a petty offense to a class 2 felony depending on the value of property taken — and the consequences extend far beyond the criminal penalties. A theft conviction signals dishonesty to employers, landlords, and professional licensing boards in a way that many other convictions do not. William Bacharach defends all theft and property crime charges in Denver and across Colorado.

Colorado Theft — C.R.S. § 18-4-401

Theft occurs when a person knowingly takes, uses, or conceals another person's property with intent to permanently deprive them of it. Colorado's theft statute consolidates many former offenses — larceny, embezzlement, shoplifting, fraud — into a single tiered statute based on value.

Burglary, Robbery, and Related Charges

Burglary

Burglary in Colorado is charged when a person unlawfully enters or remains in a building with intent to commit a crime inside. First degree burglary — involving an occupied dwelling — is a class 3 felony. Second degree burglary of a dwelling is a class 4 felony. Burglary of a place of business is a class 5 felony.

Robbery

Robbery — taking property directly from a person using force or intimidation — is a class 4 felony. Aggravated robbery involving a weapon is a class 3 felony and classified as a crime of violence, meaning mandatory enhanced sentencing.

Defense Strategies for Theft Charges

Challenging Intent

Theft requires the intent to permanently deprive the owner of their property. Borrowing, mistakenly taking the wrong item, or taking property with a reasonable belief of ownership or permission are all defenses to the intent element.

Challenging the Value

The value of stolen property determines the severity of the charge. Disputing the prosecution's valuation — for example, arguing that used or depreciated goods are worth less than claimed — can reduce a felony charge to a misdemeanor.

Mistaken Identity and Misidentification

In shoplifting and retail theft cases, store loss prevention and surveillance footage sometimes misidentify individuals. William Bacharach scrutinizes every piece of identification evidence carefully.

Diversion and Record Sealing

For first-time theft offenders, Colorado diversion programs allow charges to be dismissed upon completion of community service and repayment. After dismissal, the arrest record can often be sealed immediately — leaving no trace on background checks.

Frequently Asked Questions — Theft & Burglary Charges in Colorado

What are the penalties for theft in Colorado?

Theft penalties are based on the value of the property. Theft under $300 is a petty offense. Theft of $300 to $2,000 is a misdemeanor 1 (up to 364 days jail). Theft of $2,000 to $5,000 is a class 6 felony (1 to 18 months DOC). Theft over $5,000 escalates to higher felony classes with increasing prison time.

What is the difference between theft and burglary in Colorado?

Theft is the taking of property with intent to permanently deprive the owner. Burglary is the unlawful entry into a building or occupied structure with the intent to commit a crime inside. Burglary does not require that anything was actually stolen — the unlawful entry with criminal intent is the offense.

Can theft charges be reduced or dismissed in Colorado?

Yes. Common defenses include challenging the value of the property (which determines the charge level), lack of intent to permanently deprive, mistaken identity, consent, and restitution agreements. First-time offenders may be eligible for deferred judgment, which leads to dismissal upon successful completion.