Being accused of theft in Colorado is a serious legal matter that can cause a great deal of stress. Whether the charges are based on a misunderstanding or the result of a criminal investigation, it’s important to understand your rights, the legal process, and the steps you should take to protect yourself. Theft laws in Colorado can vary significantly depending on the severity of the crime and the value of the stolen property. Understanding how theft is classified and knowing your legal options can make all the difference when it comes to building a defense strategy.

Understanding Theft Laws in Colorado

In Colorado, theft is the act of unlawfully taking someone else’s property with the intent to permanently deprive the owner of it. Theft can be classified as either a misdemeanor or felony, depending on factors such as the value of the stolen goods, whether the theft involved a weapon, or if it involved a repeat offense. The penalties for theft in Colorado can range from probation and fines to years of imprisonment, so it’s important to know exactly what you are up against. Colorado law categorizes theft into several different degrees. For example, theft of property valued at less than $50 is considered a petty offense, while theft of property valued at over $1,000 can result in felony charges. Certain types of theft, such as shoplifting or theft by receiving stolen property, carry their own set of charges and penalties. If you are accused of theft, it’s important to consult with an experienced criminal defense attorney who can provide you with specific legal guidance tailored to your situation.

The Initial Steps to Take After Being Accused of Theft

The first thing you should do if you are accused of theft is to remain calm. While it’s natural to feel upset or confused, making any impulsive decisions or statements could negatively impact your case. The most important step is to avoid talking to law enforcement without an attorney present. Anything you say to police could be used against you later in court, so it is crucial to assert your right to remain silent and consult with a lawyer before making any statements. Additionally, it’s important not to discuss the details of your case with anyone other than your attorney. Talking to friends, family, or even fellow suspects could complicate the situation and create misunderstandings or miscommunications that could harm your defense.

Contacting a Criminal Defense Attorney

As soon as you are accused of theft, the next step is to contact a qualified criminal defense lawyer. Having a legal professional by your side from the very beginning can significantly improve the outcome of your case. A skilled defense attorney will help you understand the charges against you, explain your legal options, and help you prepare for your next steps in the criminal justice process. When selecting an attorney, make sure to choose one who specializes in criminal defense and has experience with theft cases in Colorado. An attorney who knows the ins and outs of state law can provide invaluable assistance when it comes to building your defense strategy. Your attorney will guide you through the legal process, ensure that your rights are protected, and work hard to achieve the best possible outcome for your case.

Building Your Defense

Once you have legal representation, your attorney will begin to investigate the case and start building a defense strategy. The goal of any defense lawyer is to challenge the evidence against you and present arguments that could lead to a reduction in charges, dismissal, or a favorable verdict. Your attorney will carefully review the details of the case, speak to any potential witnesses, and gather evidence that may support your innocence. This can include reviewing surveillance footage, checking the police report for inconsistencies, and examining physical evidence such as items found on your person or in your possession. If you have an alibi, your attorney will work to verify your whereabouts at the time of the alleged crime. They may also look into whether any forensic evidence could exonerate you.

Possible Defenses to Theft Charges in Colorado

There are several potential defenses that can be raised when you are accused of theft in Colorado. The best defense will depend on the facts and circumstances surrounding your case, so it’s crucial to discuss all of the details with your attorney. One common defense is that the prosecution has failed to prove that you had the intent to steal. In order to be convicted of theft, the prosecution must prove that you intentionally took someone else’s property with the goal of permanently depriving them of it. If the prosecution cannot prove this element, your attorney may argue that the theft charge should be dropped. Another defense that may apply is mistaken identity. If someone else committed the theft, but you were wrongly identified as the perpetrator, your attorney may challenge the evidence that ties you to the crime. This could involve questioning the reliability of eyewitness testimony or challenging the accuracy of any forensic evidence. Additionally, if the alleged victim consented to you taking the property, your attorney could argue that no crime occurred. For example, if you were borrowing an item without permission but with the owner’s consent, it could be argued that the intent to steal was absent.

Understanding the Legal Process After Theft Charges

Once you have been formally charged with theft, the legal process will begin. This will typically start with an arraignment, where you will be formally charged, and the judge will set bail or release conditions. Following the arraignment, there may be pre-trial hearings, where both the prosecution and defense exchange information, such as witness lists and evidence. During this time, your attorney will review the details of the case and begin to negotiate a possible plea deal with the prosecution if it’s in your best interest. If a plea deal cannot be reached, your case may go to trial, where your attorney will present your defense to a judge or jury. During trial, the prosecution will attempt to prove your guilt beyond a reasonable doubt, while your attorney will work to discredit the prosecution’s evidence and argue for your innocence.

The Potential Consequences of Theft Charges in Colorado

The consequences of being convicted of theft in Colorado depend on the severity of the offense. For minor theft crimes, penalties can include fines, restitution (payment to the victim), probation, or a combination of these. For more serious theft charges, such as felony theft, the penalties can be much harsher, including lengthy prison sentences. In addition to criminal penalties, a theft conviction can have long-lasting personal and professional consequences. Having a criminal record can affect your ability to find employment, secure housing, or apply for loans. It can also damage your reputation and affect your relationships with family and friends. For these reasons, it’s essential to work with a defense attorney who will fight to minimize the consequences of a conviction.

The Importance of Legal Representation for Theft Charges

If you are accused of theft in Colorado, the importance of securing competent legal representation cannot be overstated. A skilled criminal defense attorney can help you understand the charges you face, ensure that your rights are protected, and guide you through every step of the legal process. With the right legal support, you can improve your chances of achieving a favorable outcome in your case. At the Law Firm of Mark S. Hanchey and Ben Peterson, we specialize in criminal defense and have extensive experience handling theft charges. If you are facing theft charges in Colorado, contact us today for a free consultation. Our team of experienced attorneys is ready to help you navigate this difficult time and work towards the best possible outcome for your case. Being accused of theft is a serious matter in Colorado, and it’s important to act quickly and decisively to protect your rights. By understanding the legal process, working with a skilled criminal defense attorney, and gathering the right evidence, you can build a strong defense and minimize the potential consequences. If you are facing theft charges in Colorado, don’t hesitate to reach out to the Law Firm of Mark S. Hanchey and Ben Peterson. We are here to help you through every step of the legal process and ensure that your case is handled with the utmost care and professionalism.

Criminal Defense

What to Do If You’re Accused of Theft in Colorado