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.
24/7 Help:
(303) 222-0330
Please note: Our firm only handles criminal and DUI cases, and only in California. We do not handle any of the following cases:
And we do not handle any cases outside of California.
Call Us NowDenver Colorado Criminal Defense Lawyers » Criminal Laws A-Z » Theft by Receiving Stolen Property
Colorado larceny laws make it a crime to knowingly receive stolen property even if the recipient did not help steal the items. Receipt of stolen property worth less than $300 is petty theft, punishable by up to $300 and/or 10 days in jail.
Receiving $300 to less than $2,000 worth of stolen property is misdemeanor theft, carrying up to $1,000 in fines and/or up to 364 days in jail.
And taking control of stolen goods worth $2,000 or more is felony theft/grand theft, with penalties of $1,000 to $1,000,000 and/or 1 to 24 years in prison.
CRS 18-4-404 states:
Every person who obtains control over any stolen thing of value, knowing the thing of value to have been stolen by another, may be tried, convicted, and punished whether or not the principal is charged, tried, or convicted.
In this article, our Denver Colorado criminal defense attorneys discuss:
It is a crime to knowingly receive stolen property in Colorado.
Receipt of stolen property is when a person takes possession of items he/she knows have been stolen.1
Example: Henry tells his brother that he just stole an iPhone from a lady’s purse, and he asks the brother to hold onto it for him. If the brother agrees, he would be committing receipt of stolen property since he knows that the phone had been stolen.
People who receive property with no knowledge that it had been stolen are innocent.2 Though they may be required to forfeit the property to the police.
The Colorado punishment for knowingly receiving stolen items turns on the aggregate value of the property.
Value of the items stolen |
Sentence for Receipt of Stolen Property in Colorado |
Less than $300 | petty offense
|
$300 to less than $1,000 | class 2 misdemeanor
|
$1,000 to less than $2,000 | class 1 misdemeanor
|
$2,000 to less than $5,000 | class 6 felony
|
$5,000 to less than $20,000 | class 5 felony
|
$20,000 to less than $100,000 | class 4 felony
|
$100,000 to less than $1,000,000 | class 3 felony
|
$1,000,000 or more | class 2 felony
|
Note that people can be convicted for receiving stolen property even if the person who physically stole them is never caught or convicted.4
Also note that the property owner may sue the defendant to recover three times the owner’s damages (or $200, whichever is greater). Plus the defendant may have to pay the cost of the lawsuit and reasonable attorney fees.5
A CRS 18-4-404 conviction stands even though the defendant did not steal the property him/herself.
The best defense to a Colorado theft by receiving charge will depend on the specific facts of the case. Seven common legal defense strategies are to argue that either:
As long as the district attorney cannot prove guilt beyond a reasonable doubt, the theft charge should be dropped.
If the charge for receiving stolen property gets dismissed, then there is no wait under Colorado criminal law to petition the court for a record seal. Otherwise, the wait time depends on the crime category the defendant was convicted of. And convictions of class 2 or 3 felonies remain on the defendant’s record forever.
CRS 18-4-404 conviction | Waiting time for Colorado record seal |
Petty offenses | 1 year after the case ends |
Class 2 misdemeanors (and class 3 misdemeanors as they existed prior to March 1, 2022) | 2 years after the case ends |
Class 1 misdemeanors, class 6 felonies, class 5 felonies, or class 4 felonies | 3 years after the case ends |
Class 3 felonies or class 2 felonies ($100,000 and higher) | Never |
Learn how to seal Colorado criminal records.6
Call our DUI, domestic violence, and criminal law firm for legal advice.
If you or someone you know is facing criminal charges for a Colorado theft crime, we invite you to contact our criminal defense lawyers to discuss creating an attorney-client relationship.
Simply fill out the confidential form on this page and one of our caring Colorado defense lawyers will get back to you promptly to discuss your case and start planning the best defense strategies. We create appear in district courts throughout the state of Colorado, including Denver, Arapahoe, Boulder, Colorado Springs, and more.
See our related Colorado law articles on shoplifting (CRS 18-4-406), embezzlement, aggravated motor vehicle theft (CRS 18-4-409), identity theft (CRS 18-5-902), and theft of trade secrets (CRS 18-4-408).
If a minor lies about his or her age online, the minor will likely face no repercussions. However, adults who engage in sex acts with minors who have lied about their age can still be liable for a sex crime. In many states, not knowing that someone was underage is not a defense to most ...
Vonnie’s Law refers to the recent state law overhaul of Colorado’s stalking statute under CRS 18-3-602. Now, suspects arrested for stalking must go before a judge prior to posting bail. This may take several days. And during this wait, the suspect remains in custody and away from the alleged victims.1 Who is Vonnie? In 2010, ...
It depends on the driver’s age. For adults 21 and older in Colorado, accumulating 12 DMV points in 12 months will result in a license suspension of 6 to 12 months. Even a first-time offense of DUI in Colorado usually results in an automatic suspension as well. Colorado DMV Points System The Colorado DMV point ...
On November 8, 2016, California voters approved Proposition 64, also known as the Adult Use of Marijuana Act (“AUMA”). Prop 64 makes it legal for adults aged 21 and over to buy and use recreational marijuana in California. California is now one of eight U.S. states in which the recreational use of marijuana by adults ...