While the terms theft, burglary, and robbery are often used interchangeably in casual conversations, each term holds a unique legal definition, especially in Colorado law. These crimes are treated differently and carry varying consequences depending on the situation. Whether you’re dealing with a charge or simply want to understand the distinctions, it’s crucial to grasp what each crime entails. This blog post delves into the legal differences, penalties, and essential details surrounding theft, burglary, and robbery in Colorado.
Understanding Theft Under Colorado Law 
Theft is one of the most commonly encountered property crimes in Colorado. Under Colorado Revised Statutes § 18-4-401, theft occurs when an individual knowingly takes another person’s property with the intent to permanently deprive them of it. It doesn’t matter whether the property is large or small, expensive or inexpensive—the key aspect is the intent to steal.
Theft can be broken down into different categories depending on the value of the stolen property. For example:
- Petty Theft: If the value of the stolen property is under $50, it is typically classified as petty theft, a class 2 misdemeanor. The penalties for petty theft can include fines and a possible jail sentence of up to one year.
- Grand Theft: If the value of the stolen property exceeds $2,000, the charge may escalate to a felony, known as grand theft. In Colorado, this is a class 4 felony, punishable by 2 to 6 years in prison and significant fines.
Theft is distinct from other property crimes because it does not involve violence or threats. A person can be charged with theft even if they took something without directly confronting or intimidating the property owner.
Penalties for Theft in Colorado:
The penalties for theft can vary greatly depending on the value of the property stolen, the defendant’s criminal history, and other factors such as whether a weapon was involved. In Colorado, theft offenses are classified as either misdemeanors or felonies, with felony theft crimes carrying more severe consequences.
For those convicted of theft, common penalties include:
- Fines: These can range from hundreds to thousands of dollars depending on the crime’s severity.
- Jail or Prison Time: Petty theft can lead to jail time, while grand theft carries the risk of long prison sentences.
- Probation: In some cases, the court may opt for probation instead of incarceration, depending on the circumstances of the case.
What is Burglary in Colorado?
Burglary in Colorado involves entering a building or structure unlawfully with the intent to commit a crime inside. The crime does not have to be theft; it could be any criminal act, such as vandalism or assault. The primary difference between burglary and theft is the unlawful entry aspect of burglary, while theft merely involves taking property without permission.
Under Colorado law, there are different types of burglary charges, each carrying different penalties. These include:
- First-Degree Burglary: This charge applies when someone enters a dwelling with the intent to commit a crime inside, and it is considered one of the most serious burglary offenses in Colorado. First-degree burglary is classified as a class 3 felony, punishable by 4 to 12 years in prison and a substantial fine.
- Second-Degree Burglary: This involves unlawfully entering a building or occupied structure to commit a crime inside but without the violent intent involved in first-degree burglary. It is a class 4 felony, carrying 2 to 6 years in prison and significant fines.
Burglary and Its Specific Elements:
The key to a burglary charge is the act of unlawful entry. This can include breaking a window to gain access to a building, entering through an unlocked door, or even just trespassing with the intention to commit a crime. For example, breaking into a house with the intent to steal property qualifies as burglary. However, simply walking into an open store and stealing an item would likely be charged as theft, not burglary.
The penalties for burglary depend on various factors such as the location of the burglary (e.g., whether it took place in a home, business, or other types of buildings), the severity of the crime intended (e.g., theft, assault), and whether the defendant had any criminal history.
The Seriousness of Robbery Charges in Colorado
Robbery is a more serious crime than both theft and burglary due to the element of force. Colorado law defines robbery as the use of force, threats, or intimidation to steal property from someone. This means that, in addition to unlawfully taking something, the person must have put the victim in fear of harm or actually used physical force to carry out the theft.
Elements of Robbery:
Under Colorado Revised Statutes § 18-4-301, robbery involves taking anything of value from another person by force, threats, or intimidation. This is a crime of violence, as it necessarily involves putting the victim in fear of harm or injury.
There are different degrees of robbery, and each carries serious consequences:
- Aggravated Robbery: If a weapon, such as a firearm or a knife, is involved in the robbery, the charge is elevated to aggravated robbery. This is a class 3 felony, punishable by 10 to 32 years in prison, depending on whether the defendant used a firearm or other weapon.
- Robbery Without a Weapon: Robbery can still occur even if a weapon is not used, but force or intimidation must be present. A robbery charge without a weapon is still a serious felony, typically classified as a class 4 felony, which could lead to 2 to 6 years in prison.
Robbery is different from theft and burglary because it involves violence or the threat of violence. The intent behind the crime is not just to take property but to intimidate or harm the victim in the process.
Penalties for Robbery in Colorado:
The penalties for robbery in Colorado are severe, particularly when weapons are involved. The sentences can range from several years in prison to life sentences, depending on the specific circumstances of the case.
Distinguishing Theft, Burglary, and Robbery
While theft, burglary, and robbery may seem similar, they are legally distinct crimes with different elements and penalties. Here’s a quick recap of their key differences:
- Theft: Taking someone else’s property with the intent to permanently deprive them of it. No violence is involved.
- Burglary: Unlawfully entering a structure with the intent to commit a crime inside (e.g., theft, vandalism, etc.).
- Robbery: Taking property through force, intimidation, or threats. Violence is an inherent part of the crime.
Each of these crimes carries specific penalties under Colorado law, and understanding the differences between them can help anyone involved in the criminal justice system navigate their case more effectively.
The Legal Process and Consequences
Whether you are facing theft, burglary, or robbery charges, the consequences can be life-changing. Criminal defense in Colorado can be complex, and it’s crucial to understand the charges and work with an experienced attorney to ensure that your rights are protected.
Hebets & McCallin P.C. is here to help individuals facing serious property crime charges. Our legal team, led by experienced criminal defense attorneys, specializes in defending clients against theft, burglary, and robbery charges in Denver and surrounding areas. If you’re facing criminal charges, you deserve a strong defense, and we can help you achieve the best possible outcome in your case.
Contact Hebets & McCallin P.C. today for a free consultation.