Getting arrested for DUI does not mean you will be convicted. Police misconduct, defective breathalyzers and crime lab mistakes may be enough to get your charges lessened or dismissed. Visit our page on Colorado DUI Laws to learn more.
Colorado DUI
Getting arrested for DUI does not mean you will be convicted. Police misconduct, defective breathalyzers and crime lab mistakes may be enough to get your charges lessened or dismissed. Visit our page on Colorado DUI Laws to learn more.
Colorado In-Depth
It is normal to be frightened and overwhelmed following an arrest. Therefore our lawyers are devoted to demystifying major topics in Colorado criminal defense law.
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Yes. Colorado Revised Statute 18-4-406 is the state’s shoplifting offense statute. This law makes it a theft crime to knowingly take merchandise from a store with the intention of permanently depriving the store owner of the merchandise.
If your shoplifting case goes to trial, the jury may presume that you intended to shoplift if you concealed the merchandise while taking it.1
The penalties for violating CRS 18-4-406 depend on the price of the shoplifted goods. In addition to any criminal fines and incarceration, you will be ordered to pay restitution to the store owner.
Total value of the property |
Colorado shoplifting fines and jail/prison terms* |
Less than $300 | Petty offense:
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$300 to less than $1,000 | Class 2 misdemeanor:
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$1,000 to less than $2,000 | Class 1 misdemeanor:
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$2,000 to less than $5,000 | Class 6 felony:
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$5,000 to less than $20,000 | Class 5 felony:
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$20,000 to less than $100,000 | Class 4 felony:
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$100,000 to less than $1,000,000 | Class 3 felony:
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$1,000,000 or more | Class 2 felony:
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*When you allegedly shoplift from mercantile establishments at least twice in a six-month time span, the D.A. can bring one charge for the total value of the items.5 |
In most cases, my clients are eligible to avoid jail time as well as a criminal conviction by completing a pretrial diversion program. Diversion typically involves paying fines and restitution, completing community service hours, and taking an educational class.
Here at Colorado Legal Defense Group, I have represented literally thousands of people charged with violating CRS 18-4-406. In my experience, the following three defenses have proven effective with prosecutors, judges, and juries.
All these defenses may be effective whether you are a low-level, first-time offender or a repeat offender facing felony theft charges. Typical evidence I rely on in these cases includes surveillance video, eyewitnesses, price tags, and receipts.6
Your “class” of shoplifting conviction determines if and when you are eligible for a record seal:
Shoplifting conviction class |
Waiting period for Colorado record seal |
Class 2 felonies or class 3 felonies | Never (your record is unsealable) |
Petty offenses | 1 year after your case closes |
Class 2 misdemeanors | 2 years after your case closes |
All other convictions | 3 years after your case closes |
Note that dismissed charges are sealable right away.7 Learn about how to get a Colorado criminal record seal.
The statute of limitations for the D.A. to charge you with shoplifting depend on the value of the stolen goods:
Colorado theft crime |
Criminal statute of limitations |
Petty theft (less than $300) | 6 months after the theft is discovered |
Misdemeanor theft ($300 to less than $2,000) | 18 months after the theft is discovered |
Felony theft / “grand theft” ($2,000 or more) | 3 years after the theft is discovered8 |
If you are a compulsive shoplifter, you can find help here:
Michael Becker has over a quarter-century's worth of experience as an attorney and more than 100 trials under his belt. He is a sought-after legal commentator and is licensed to practice law in Colorado, Nevada, California, and Florida.