Weld County Shoplifting Theft Attorney
While some people view small property crimes as a minor indiscretion, Colorado law views Shoplifting as a Theft crime and can charge you with a petty offense, misdemeanor or felony depending on the value of the stolen items.
What is the Definition of Shoplifting Theft?
C.R.S. 18-4-401 – Theft – is defined by Colorado law as:
- Intends to deprive the other person permanently of the use or benefit of the thing of value;
- Knowingly uses, conceals, or abandons the thing of value in such manner as to deprive the other person permanently of its use or benefit;
- Uses, conceals, or abandons the thing of value intending that such use, concealment, or abandonment will deprive the other person permanently of its use or benefit;
- Demands any consideration to which he or she is not legally entitled as a condition of restoring the thing of value to the other person; or
- Knowingly retains the thing of value more than seventy-two hours after the agreed-upon time of return in any lease or hire agreement.
Basically, Theft involves taking property belonging to someone else without their permission, with the intention of never giving it back. In Greeley, Evans and Erie, the term Shoplifting refers to stealing or attempting to steal something from a store or retail establishment. You can be stopped and charged with Theft even if you are still in the store if the security guards, employees or owners have a suspicion you are trying to Shoplift. If there is a physical struggle over an item during the Theft from a store, a person can be charged with Robbery.
Sentence for Shoplifting Theft
Petty and Misdemeanor Theft Offenses:
|
Class 1 Petty Offense |
Class 3 Misdemeanor | Class 2 Misdemeanor | Class 1 Misdemeanor | |
| Item Price Range |
Less than $50 |
$50 to $299 | $300 to $749 | $750 to $1,999 |
| Maximum Penalty | *$500 fine *6 months jail |
*$750 fine *6 months jail |
*$1,000 fine *12 months jail |
*$5,000 fine *18 months jail |
Felony Theft Offenses:
| Class 6 Felony | Class 5 Felony | Class 4 Felony | Class 3 Felony |
Class 2 Felony |
|
| Item Price Range | $2,000 to $4,999 | $5,000 to $19,999 | $20,000 to $99,999 | $100,000 to $999,999 |
$1,000,000 or more |
| Maximum Penalty |
*$100,000 fine |
*$100,000 fine *3 years prison |
*$500,000 fine *6 years prison |
*$750,000 fine *12 years prison |
*$1,000,000 fine *24 years prison |
Example of Shoplifting Theft
We have seen cases where a mother placed items in her child’s stroller and forgot to pull them out when paying at the cash register. Then, as she was leaving the store, she was stopped and accused of Shoplifting. In a case like this, it is important to have an experienced criminal defense attorney on your side. Our knowledgeable lawyers require the district attorney to prove all elements of the Theft definition were in place, including purpose, intent, and demand. If the DA cannot prove there was an intent to steal when she put the items in the stroller, then the Theft charge does not hold up.
Why You Need a Shoplifting Theft Defense Lawyer
It may be tempting to plead guilty if the Greeley City Attorney or Weld County District Attorney offers you a deal involving a simple fine. However, by taking the deal, you are putting a Theft conviction on your criminal record. Many employers run background checks and may not even consider you as a candidate with a Theft in your past. Our criminal defense attorneys know how your criminal record can affect your future. Let us help protect you and your future.