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 NowIt is a Colorado crime to receive property that you know to be stolen, even if you played no part in actually stealing the items. The penalties depend on the value of the stolen property you receive:
CRS § 18-4-404 states that:
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 will discuss:
Receipt of stolen property is taking possession of items you know 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.
If you receive property without knowing it has been stolen, you are innocent.2 Though you may be required to forfeit the property to the police.
The 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 you can be convicted of 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 you to recover three times the owner’s damages (or $200, whichever is greater). Plus you may have to pay the cost of the lawsuit and reasonable attorney fees.5
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:
The theft charge should be dropped as long as the district attorney cannot prove guilt beyond a reasonable doubt.
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 for which you were convicted. Convictions of class 2 or 3 felonies remain on your 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
For more information, see our related articles by our Colorado criminal defense attorneys: