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Photo Of Kyle B. Sawyer

Charged With A Crime? It Doesn’t Mean You’re Guilty.

Theft And Embezzlement

Colorado Theft Criminal Attorney

In Denver, Colorado, and throughout our state, the term “theft” is applied to many types of criminal activities involving the intent to permanently deprive someone of the use or value of his or her property. It encompasses crimes like:

 

  • Accessory to Crime & Complicity
  • Burglary
  • Construction Trust Fund Theft
  • Vehicle Theft
  • Felony Theft in Colorado
  • Misdemeanor Theft in Colorado
  • Altering or Forging a Prescription
  • Embezzlement Employee Theft
  • Shoplifting Theft in Colorado
  • Identity Theft in Colorado, C.R.S. 18-5-902
  • Fraud by Check
  • Theft by Receiving
  • Petty Theft
  • Civil Cases Disguised as Criminal Cases

Each Element Of Theft Must Be Proven

Theft in Colorado is charged under C.R.S. 18-4-401 when the police think they can prove that a person knowingly obtains or exercises control over anything of value of another without authorization, or by threat or deception, intends to deprive the other person permanently of the use or benefit of the thing of value or knowingly uses, conceals or abandons the thing of value in such manner as to deprive the other person permanently of its use or benefit or uses, conceals or abandons the thing of value intending that such use, concealment, or abandonment will deprive the other person permanently of its use and benefit, or, demands any consideration to which he or she is not legally entitled as a condition of restoring the thing of value to the other person.

Colorado theft laws have recently been reclassified into eight different categories under Colorado Revised Statute 18-4-401, based on the item allegedly taken:

  • Petty Offense if less than $300
  • Class 2 misdemeanor if $300 – $999
  • Class 1 misdemeanor if $1,000 – $1,999
  • Class 6 felony if $2,000.00 to $4,999.99.
  • Class 5 felony if $5,000.00 to $19,999.00
  • Class 4 felony if $20,000.00 to $99,999.99
  • Class 3 felony if $100,000.00 to $999,999.99
  • Class 2 felony if over 1 million dollars.

Remember, a Colorado felony is punishable by imprisonment in the Colorado Department of Corrections, and a misdemeanor conviction is punishable by a sentence to the county jail in Arapahoe County, Denver County, Douglas County, Adams County and other Colorado counties. Our experienced lawyers represent people accused of theft in every Colorado county.

Adding Up Several Separate Thefts

Sometimes, the district attorney of a county decides to take several separate thefts and add the values of the items stolen to increase the classification of the charges under C.R.S. 18-4-401. Generally, the thefts need to be classified as “one scheme or course of conduct.” What this means is that the items taken need to have sufficient similarities to be viewed as related. This rule, which is authorized by Colorado statute, often comes into play when an employee commits several smaller thefts over a period of time from his or her employer. Taking $300 worth of goods from an employer, once per month for 12 months might result in a class 6 felony charge due to the total value of $3,600 for the items taken, rather than 12 separate misdemeanor charges. Colorado felonies can have important implications to your future employment, so it is essential you find a full-time criminal defense lawyer. Your attorney should not be a part-time criminal attorney.

Whatever the alleged crime, if you have been charged with any type of Colorado property crime or theft, the sooner you get a defense lawyer on your side, the more options you will have for a favorable outcome. Often, a skilled lawyer can prevent charges from ever being filed by acting promptly to communicating legally with the police or alleged victim. An employer, for example, may agree to a plan of restitution in exchange for dropping embezzlement charges against an employee. We have caused this to occur before. Sometimes, we can reduce a more serious charge of robbery, which is really just a theft charge with force, to theft.

We’re here to protect your rights after an arrest for theft or fraud.

Issues Relevant To Theft Cases – Really A Civil Case In Disguise?

With a weakening economy, many people find themselves making bad decisions just to survive. Sometimes the government takes people with civil cases and chooses to charge them as Colorado criminal theft offenses, just to have the threat of jail behind a claim for lost property or money. We have decades of combined experience dealing with judges, prosecutors and alleged victims, and we have seen every type of scam alleged victims run. Whether you have a civil case that has been transformed into criminal charges or a true criminal case, we will work hard for your trust as we explore the dismissal, settlement or trial of your case. We fight illegal searches, exaggerated charges and lying witnesses, which are often at the root of your defense. We represent clients from Denver, Colorado, to Fort Collins, to Grand Junction, to Pueblo. Wherever you are facing the fight of your life, we will be there for you.

Talk to a Criminal Attorney at No Charge About Your Criminal Defense Matter — Flexible Payment Plans Available

We offer a free initial consultation about your case in our office. We even have flexible payment plans to make our work for you affordable. So, if you have been contacted by a Colorado police officer regarding any potential theft charges, be smart, exercise your right to remain silent and call us right away at 303-731-0719. Together, we can protect your future.

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