If you find yourself facing theft charges in Colorado, it’s normal to feel uncertain about what steps to take next. At Hebets & McCallin P.C., we understand how overwhelming this experience can be. You may be filled with confusion, worry, and concern about the potential consequences of a theft conviction. Rest assured that you are not alone. Our team is here to guide you through every aspect of your case, and we are committed to helping you achieve the best possible result. In this blog, we will help you better understand Colorado's theft laws, the penalties you may face, and the possible defenses you can use in your case.

What Is Considered Theft Under Colorado Law

Theft in Colorado involves knowingly taking someone else’s property with the intent to permanently deprive them of it. This can include stealing physical property, like cash, electronics, or vehicles, or even intellectual property. It’s important to note that theft doesn’t just involve stealing items in a traditional sense. In some cases, you could be charged with theft even if you didn't take something directly but instead unlawfully obtained possession of it, such as in situations involving fraud or embezzlement.

Types of Theft in Colorado

The severity of theft charges depends largely on the value of the stolen property. Colorado law classifies theft into several categories based on the dollar amount involved. These classifications determine both the charges you may face and the penalties if convicted.

Theft can range from petty theft, which involves items valued at less than $50, to more serious charges like felony theft, which applies to thefts of significant value, such as $1,000 or more. The amount of property stolen not only dictates the criminal charge but also has a significant impact on the type of punishment you could face.

Penalties for Theft in Colorado

The penalties for theft in Colorado can vary widely depending on the nature and extent of the theft. At the lowest level, petty theft (theft of property valued under $50) may be classified as a Class 2 misdemeanor. A conviction for this type of theft could result in a fine and a potential jail sentence of up to one year.

For more serious theft offenses, penalties can include felony charges, significant fines, and longer prison sentences. Theft of property valued at $1,000 or more may be classified as a Class 4 felony, which can result in up to six years in prison, significant fines, and a permanent criminal record.

In cases where the stolen property is valued at tens of thousands of dollars, the penalties become even more severe, and the chances of facing lengthy prison time increase. It’s crucial to understand that the court will also consider any prior criminal history, the circumstances surrounding the theft, and whether any aggravating factors, such as violence, were involved.

Defenses to Theft Charges

If you have been accused of theft, it’s essential to understand that you may not automatically be guilty, even if the evidence seems to point in that direction. In fact, there are several potential defenses that can be used to contest a theft charge. Each case is unique, and we will carefully examine the facts of your case to determine the most effective defense strategy for you.

One common defense is that you did not intend to steal the property. In some cases, the theft may have been a misunderstanding or an accident. For example, you may have taken property by mistake, thinking it was yours, or you may have borrowed something with the intent to return it but forgot. If the prosecution cannot prove that you had the intent to permanently deprive someone of their property, the theft charge may not stick.

Another potential defense is that you had permission to take the property. If the person who owned the property gave you their consent to take it, this could be a valid defense against a theft charge. This could be the case in situations where the owner gave you temporary access to their property, but a misunderstanding or miscommunication led to accusations of theft.

In some cases, a defense might involve showing that you were the victim of mistaken identity. If the prosecution’s evidence is based on unreliable witness testimony or faulty surveillance footage, you may be able to argue that the evidence doesn’t accurately point to you as the thief.

Additionally, your attorney may argue that the property was not truly stolen. If the property was never taken or if the value of the property is overestimated, this could help to reduce the charges or potentially have the case dismissed altogether.

How an Attorney Can Help with Your Theft Case

Facing theft charges in Colorado is a serious matter, but you don’t have to navigate this challenging process alone. A skilled criminal defense attorney can provide invaluable guidance and advocacy throughout your case. From the moment you contact us, we will begin working on your behalf, thoroughly investigating the details of the case, gathering evidence, and preparing the best possible defense strategy.

At Hebets & McCallin P.C., we are committed to helping you understand your options and fighting for your rights. We will assess the evidence, explore every possible defense, and work diligently to secure the best possible outcome for your situation. Whether your case involves a misdemeanor theft charge or a more serious felony theft charge, we will stand by your side every step of the way.

Why You Should Contact Hebets & McCallin P.C.

The penalties for theft charges in Colorado can be severe, but having a dedicated and knowledgeable attorney by your side can make all the difference in the outcome of your case. At Hebets & McCallin P.C., we understand the importance of clear communication and providing the support you need during a difficult time. If you’re facing theft charges in Colorado, don’t wait to get the legal help you deserve.

Being accused of theft in Colorado is a stressful and overwhelming experience. You may feel confused, scared, and uncertain about what to do next. It’s important to remember that being accused does not mean you are guilty. At this point, your primary focus should be on protecting your rights and preparing a strong defense. This blog aims to guide you through the steps you should take immediately after being accused of theft in Colorado. We understand that this situation can be daunting, and we want to offer you clear advice to help navigate through it. If you need an attorney, know that you are not alone and we are here to help you through this challenging time.

Stay Calm and Gather Information

One of the first things you should do after being accused of theft is to stay calm. While it’s natural to feel upset or angry, keeping a level head will help you make better decisions moving forward. The next step is to gather as much information as possible about the accusation. You need to know exactly what you are being accused of and the circumstances surrounding it. This information can come from the police, the person accusing you, or any other involved parties. If you have been arrested, ask the officers to explain the charges to you clearly. Remember, everything you say can be used against you, so be careful with your words.

It’s also essential to write down everything you remember about the situation. The details might become clearer over time, so having a record of your thoughts right after the accusation can help you later on. Write down the names of anyone who was involved or witnessed the incident, and keep track of any communications you have with law enforcement or the accuser.

Do Not Make Statements Without Legal Representation

It is crucial to understand your rights when facing an accusation of theft. In Colorado, you have the right to remain silent. The police or anyone else involved in the case may try to get you to speak or give a statement. However, without proper legal representation, anything you say can be used against you in court. For this reason, it is in your best interest to avoid making any statements until you have consulted with an attorney.

Making a statement, especially without a lawyer, can unintentionally harm your case. Even if you believe you are innocent, saying the wrong thing can lead to misunderstandings or further complications in your case. It is always best to politely decline to make a statement until you have spoken with your attorney.

Contact an Attorney

One of the most important steps to take immediately after being accused of theft is to contact an attorney. A criminal defense attorney who handles theft cases in Colorado will be able to guide you through the legal process and protect your rights. They will listen to your side of the story, review the evidence against you, and help build a defense strategy.

Having an attorney by your side is essential because they can explain the legal complexities of your case and offer advice on the best course of action. They will know how to deal with law enforcement, how to challenge the evidence, and how to negotiate with prosecutors if necessary. Your attorney will also be able to advise you on whether it is in your best interest to plead guilty or fight the charges in court.

Understand the Consequences of Theft Charges

Theft charges in Colorado can carry serious consequences. Depending on the circumstances, theft can be classified as a misdemeanor or a felony. Misdemeanors typically result in lighter penalties, such as fines, probation, or short jail sentences. Felonies, on the other hand, carry more severe penalties, including lengthy prison sentences and significant fines. Understanding the potential penalties for theft charges can help you make more informed decisions as you move forward with your case.

The severity of the charge also depends on the value of the stolen property, the circumstances surrounding the theft, and whether you have a prior criminal record. Colorado law distinguishes between different levels of theft, such as petty theft, theft by shoplifting, and grand theft. A skilled attorney will be able to explain the different categories and how they apply to your case.

Preserve Any Evidence That Can Support Your Defense

Another important step is to preserve any evidence that can help prove your innocence or support your defense. This could include receipts, surveillance footage, witness statements, or anything else that might show you are not guilty of the theft. For example, if you were accused of stealing an item from a store, the store’s security footage could show that you did not take the item. If you have an alibi, such as a witness who can confirm where you were at the time of the alleged theft, make sure to provide their contact information to your attorney.

In some cases, evidence may be destroyed or lost over time, so it is important to act quickly to preserve it. This is why having an attorney early on can make a big difference. They can help ensure that valuable evidence is gathered and protected before it is too late.

Cooperate With Your Attorney and Follow Their Advice

As you move forward in the legal process, it is essential to cooperate with your attorney and follow their advice. Your lawyer will know the best strategy to use in your defense and will help you avoid making mistakes that could hurt your case. Your attorney will guide you through each step, from filing motions to attending hearings, and will provide you with clear and honest advice along the way.

If your case goes to trial, your attorney will prepare you for what to expect. They will explain the legal proceedings, the roles of the judge, jury, and prosecutor, and what you can do to present the best possible defense. Throughout the process, keep open communication with your attorney and be honest about any new information or developments in your case.

Seek Emotional Support

Facing criminal charges can be emotionally taxing, and it is not uncommon to feel overwhelmed. It is important to seek emotional support from family, friends, or a counselor to help you cope with the stress and anxiety. Having a strong support system can give you the strength to stay focused on your case and make better decisions.

Being accused of theft can have a significant impact on your reputation and your future. It is normal to feel a range of emotions, but you should not let those emotions cloud your judgment or interfere with your case. Take care of your emotional well-being, and make sure to keep your attorney informed of any personal issues that may arise during the legal process.

If you have been accused of theft in Colorado, the legal process may seem overwhelming, but you don’t have to face it alone. Hebets & McCallin P.C. has years of experience handling theft cases and can help you navigate through the complexities of the legal system. Our team is empathetic to your situation and will work tirelessly to provide you with the best possible defense.