Facing a theft charge can be overwhelming, especially if you don’t fully understand what your legal situation entails. If you’ve been accused of theft in Colorado, you’re likely feeling confused and anxious about what to do next. You may be wondering what the difference is between a felony and a misdemeanor theft charge, and how this distinction impacts your case. At Hebets & McCallin P.C., we know how frightening it can be to face these types of charges, and we want to help you navigate through the legal process with clarity and confidence. In this blog, we’ll explain the key differences between felony and misdemeanor theft in Colorado and help you understand what to expect as you work to resolve your case.
Understanding Theft in Colorado
Theft is a serious offense in Colorado, and the consequences for being convicted can be severe. The law defines theft as the unlawful taking of someone else’s property with the intent to permanently deprive the owner of it. While theft may seem like a straightforward crime, Colorado law actually categorizes theft into different levels depending on the value of the stolen property and the circumstances surrounding the crime. These categories are classified as either felony theft or misdemeanor theft. Each carries different penalties and legal implications, which can significantly affect the outcome of your case.
Misdemeanor Theft in Colorado
Misdemeanor theft in Colorado typically involves theft of property or goods that are worth a lower amount. For example, if you are accused of stealing items of lesser value, you may be charged with a misdemeanor. In Colorado, misdemeanor theft can be classified into three different categories: Class 1, Class 2, and Class 3 misdemeanors. The severity of the misdemeanor depends on the value of the stolen property.
A Class 3 misdemeanor theft charge in Colorado typically involves theft of property valued at less than $50. This charge carries penalties such as fines, community service, or up to six months in jail. A Class 2 misdemeanor charge involves stolen property valued between $50 and $299, and it can result in a fine of up to $1,000, a jail sentence of up to one year, or both. A Class 1 misdemeanor involves theft of property valued between $300 and $749, and it may result in a sentence of up to 18 months in jail.
Although misdemeanor theft charges can carry significant penalties, they are generally considered less severe than felony charges, and you may have a better chance of resolving your case with less serious consequences. However, this doesn’t mean you should take misdemeanor theft charges lightly. Having a skilled attorney by your side is crucial to achieving the best possible outcome in your case.
Felony Theft in Colorado
Felony theft is more serious than misdemeanor theft and involves the theft of higher-value property or theft committed under more severe circumstances. In Colorado, felony theft is generally charged when the stolen property is worth $750 or more. Depending on the value of the stolen property, felony theft charges can be classified into different degrees, including Class 5, Class 4, Class 3, Class 2, and Class 1 felonies. Each classification comes with increasingly severe penalties.
A Class 5 felony theft charge involves property valued between $750 and $1,999. If convicted, you could face up to three years in prison and fines of up to $100,000. A Class 4 felony theft charge involves property valued between $2,000 and $4,999, and it could result in a sentence of up to six years in prison. As the value of the stolen property increases, so do the penalties. For example, a Class 3 felony charge, which involves property valued between $5,000 and $19,999, can result in up to 12 years in prison and hefty fines.
For theft of property worth $100,000 or more, a person could be charged with a Class 2 felony. This is one of the most serious theft charges in Colorado, and if convicted, you could face up to 24 years in prison and fines exceeding $1 million. The most severe theft charge, a Class 1 felony, involves property valued at $1 million or more. Conviction for this offense can result in up to 48 years in prison and substantial fines.
The penalties for felony theft are much more severe than those for misdemeanor theft. A felony conviction can have long-lasting consequences on your life, including a permanent criminal record, loss of civil rights, and difficulty finding employment. It’s crucial to take felony theft charges seriously and seek legal representation as soon as possible.
The Role of Intent in Theft Charges
One of the key factors that will be considered in a theft case is whether or not there was intent to permanently deprive the owner of their property. Colorado law requires that the prosecution prove beyond a reasonable doubt that the accused individual acted with intent to steal. If there is no evidence of intent, you may be able to argue that the charge should be reduced or dismissed. However, if the prosecution can prove that you took the property with the intent to keep it, the charges against you could be more severe.
For both felony and misdemeanor theft, the prosecution will look at the circumstances surrounding the theft to determine whether or not the defendant had the necessary intent. If you are facing theft charges, your attorney will work with you to gather evidence that supports your version of events and build a strong defense strategy to protect your rights.
Possible Defenses Against Theft Charges
When it comes to defending yourself against theft charges in Colorado, there are several potential defense strategies that may be available depending on the facts of your case. One common defense is that you did not take the property with the intent to steal. For example, you may have taken the property by mistake or believed that you had permission to take it. In these cases, the prosecution may not be able to prove the intent required for a theft conviction.
Another possible defense is that you had no knowledge that the property was stolen. If you can demonstrate that you did not know the property was stolen when you took it, the charges against you may be reduced or dismissed. Additionally, if there was a lack of evidence to prove that you were the one who committed the theft, your attorney may be able to challenge the evidence in court and raise reasonable doubt.
At Hebets & McCallin P.C., we understand how serious theft charges can be, whether they are classified as a felony or a misdemeanor. We are here to support you during this difficult time and help you navigate the legal process with confidence. Our experienced legal team can review the details of your case, provide advice on the best course of action, and build a defense strategy tailored to your specific situation.
We know that facing criminal charges can be incredibly stressful, but with the right legal representation, you can achieve the best possible outcome for your case. Whether you are facing a misdemeanor theft charge or a felony theft charge, we are dedicated to fighting for your rights and ensuring that you have the best chance of success in your case.
If you have been charged with theft in Colorado, don’t hesitate to contact us at Hebets & McCallin P.C. We are here to help you understand the legal process, protect your rights, and work towards a favorable resolution for your case. Let us guide you through this challenging time with the support and representation you deserve.
