Black Friday is often seen as the most anticipated shopping day of the year, with deep discounts and high-volume sales encouraging massive foot traffic in stores across Colorado. However, this surge in shopping also brings a spike in criminal activity, particularly shoplifting. The rush to snag the best deals can sometimes lead to mistakes or impulsive actions, resulting in individuals facing shoplifting charges. In Colorado, facing charges for shoplifting is a serious matter. Many don’t realize that even a small incident during a high-traffic day like Black Friday can lead to severe legal consequences. Understanding the potential penalties, defenses, and how cases are handled in El Paso County is crucial for anyone facing such accusations. If you’ve been accused of shoplifting, this blog post will guide you through the legal processes, potential consequences, and available defenses. At the Law Firm of Mark S. Hanchey and Ben Peterson, we are experienced in navigating Colorado’s criminal justice system, especially in cases involving theft. Here’s what you need to know.

What Is Shoplifting in Colorado?

In Colorado, the act of shoplifting is generally considered to be theft. It involves unlawfully taking merchandise from a retail store with the intention of permanently depriving the owner of it. This definition goes beyond merely walking out of a store with unpaid goods—it covers a wide range of actions, including:

Concealing an item to avoid detection.
Switching price tags to pay a lower price.
Taking items without scanning them through checkout.
Taking items into fitting rooms and leaving the store without paying.

Understanding that shoplifting encompasses various actions is key in determining how the crime is charged.

The Legal Definition of Theft in Colorado

Under Colorado law, shoplifting falls under the broader category of theft. The charge is determined by the value of the stolen property. The law categorizes theft into several classes, which dictate the level of punishment for the accused:

Petty Theft (Class 3 Misdemeanor): If the stolen items are valued under $50, the charge will typically be a class 3 misdemeanor. This can carry penalties of up to 6 months in jail and a fine of up to $750.
Theft (Class 2 Misdemeanor): If the value of the goods is between $50 and $999, the crime is typically classified as a class 2 misdemeanor. Penalties may include up to 12 months in jail and a fine of $1,000.
Felony Theft (Class 5 Felony): If the stolen property exceeds $1,000, it is classified as felony theft. A conviction may result in 1 to 3 years in prison and fines up to $100,000. This is the most serious charge for shoplifting.

Additionally, if the individual has a prior criminal history or if the theft occurred with certain aggravating circumstances (such as gang involvement), the penalties can be much more severe.

The Consequences of Shoplifting in Colorado

The legal consequences of shoplifting in Colorado vary greatly depending on the charge and the circumstances of the theft.

Misdemeanors: Shoplifting charges that fall under misdemeanors are generally less severe than felonies but can still carry substantial penalties. These can include jail time, hefty fines, community service, and probation.
Felony Charges: Felony shoplifting charges are much more serious and may result in a prison sentence. Convictions of felony theft can also carry long-term consequences such as difficulty finding employment or housing, as well as a permanent criminal record.
Restitution: In addition to jail time and fines, a court may order you to pay restitution to the store or the victim. This is typically the full value of the stolen items.

How Are Shoplifting Charges Handled in El Paso County?

In El Paso County, once a person is accused of shoplifting, the legal process follows a set procedure. This process can vary somewhat depending on the facts of the case, but generally, it proceeds as follows:

Arrest: If caught shoplifting, the individual is typically detained by store security or law enforcement officers and arrested on suspicion of theft. The arrest may lead to either a misdemeanor or felony charge, depending on the value of the stolen items.
Booking: After the arrest, the individual will be taken to the local detention center for booking. This is where their personal information is recorded, and the charges are formally listed.
Initial Appearance: Within 48 hours of the arrest, the individual must appear before a judge. The judge will inform the accused of their charges, decide on bail (if applicable), and schedule further hearings. At this time, the defendant may enter a plea.
Preliminary Hearing: For felony charges, a preliminary hearing is scheduled. This is where the prosecution must show that there is enough evidence to move forward with the case. If the judge finds there’s insufficient evidence, the charges may be dropped.
Trial: If the case is not dismissed, a trial is set. During the trial, both the defense and prosecution will present evidence, including witness testimony, security footage, and more. Depending on the outcome of the trial, a verdict is rendered.
Plea Deal or Sentencing: Many shoplifting cases are resolved through plea deals, where the defendant agrees to a lesser charge in exchange for a more lenient sentence. If no plea deal is reached, the case proceeds to sentencing.

Common Defenses Against Shoplifting Charges

Even if someone is caught on video or caught in the act, there are several defense strategies that can be used to challenge shoplifting charges in Colorado:

Lack of Intent: The prosecution must prove that the defendant intended to steal the items. If the defendant can show that they did not have the intent to permanently deprive the store of the items, they might avoid conviction.
Mistaken Identity: Shoplifting often takes place in busy stores with large crowds. It is not uncommon for individuals to be falsely accused of theft because they were misidentified.
False Accusations: In some cases, individuals may be falsely accused of theft, either due to misunderstandings, store policies, or even racial profiling.
No Theft Occurred: The defense may argue that the defendant did not actually take anything, or that the merchandise was mistakenly left in their bag or cart without intent to steal.
Coercion or Duress: If the defendant was forced to shoplift under threat or coercion, this defense could be used. However, this is a rare defense and requires compelling evidence.

How to Handle a Shoplifting Charge: Seek Legal Help

Shoplifting charges can have significant, long-term consequences, especially for those with previous criminal records or those facing felony charges. Whether it’s a misdemeanor or a felony charge, it’s critical to seek skilled legal representation. At Law Firm of Mark S. Hanchey and Ben Peterson, our experienced criminal defense attorneys can guide you through the legal process, ensure that your rights are protected, and work to get you the best possible outcome in your case. Being accused of shoplifting, especially during the busy Black Friday shopping season, can be overwhelming. However, understanding the penalties, possible defenses, and the process in El Paso County can help you navigate through this difficult time. If you’ve been charged with shoplifting, the best first step is to contact an experienced criminal defense lawyer to discuss your case. Contact the Law Firm of Mark S. Hanchey and Ben Peterson for a consultation today and protect your future.

Criminal Defense

Black Friday Shoplifting Charges in Colorado: Penalties, Defenses, and How Cases Move in El Paso County