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  • By: The Zorrilla Law Firm
How To Defend Against Property Crime Charges In Colorado

Facing property crime charges in Colorado can be overwhelming, as the consequences can significantly impact your future. However, with the right legal strategy and guidance from a skilled defense attorney, you can challenge the charges and work toward reducing or even dismissing the penalties.

In this article, we will discuss:

  • What to do if you are charged with a property crime in Colorado.
  • Legal defenses available against property crime charges.
  • How a criminal defense attorney can help you navigate the legal process.

What Constitutes A Property Crime Offense Under Colorado Law?

In Colorado, a property crime offense involves the theft or damage of someone’s real property (such as a home or detached garage) or personal property (such as a wallet). Property crimes also cover unauthorized intrusion into homes or vehicles, such as cars, trucks, or vans.

What Happens After Being Charged With A Property Crime?

When you are charged with a property crime, you will be arrested. After your arrest, contact a criminal defense attorney before you speak with the police. Your attorney will sit down with you to review the allegations and determine possible defenses. 

You and your attorney may be able to negotiate with the prosecution if you agree to return stolen property, fix what was damaged, or pay the owner back for their property. Furthermore, depending on the circumstances, your attorney may advise you to set aside money if you are asked to pay restitution once the case has begun. 

What Legal Defenses Are Most Effective Against Property Crime Charges?

Several legal defenses may be effective in a property crime case, including

  • Mistaken Identity

Your attorney may argue that you were misidentified as the perpetrator.

  • Permission Or Authorization

 If you had legal access to or permission to use the property in question, this could be a valid defense.

  • Ownership Disputes

In cases involving shared or joint property, your attorney may argue that the property was yours, particularly in disputes between housemates or partners.

  • Abandonment Or Lack Of Value

If the property was abandoned or had no value, it may weaken the prosecution’s argument that a crime was committed.

Can Character References Impact My Case?

Generally speaking, character references don’t carry much weight with the prosecution in property crime cases. Unfortunately, these references are often more relevant in a negative sense, where prior convictions or allegations of similar conduct can undermine your defense.

While positive character references are always collected during negotiations, they are unlikely to significantly affect the outcome at trial. Instead, negative character evidence—such as past offenses—can be used by the prosecution to strengthen their case and weaken your defense. If you’ve had similar behavior in the past, this can make it much harder to contest the current charges.

Your attorney will carefully review any prior offenses or allegations to better understand how they might impact negotiations or trial strategy.

How Do Prior Offenses Affect My Current Charges?

Prior offenses can greatly influence the current case, particularly in property crime charges. Prosecutors take prior or habitual offenses very seriously, and these can affect both the negotiation process and the severity of the charges.

If your past offenses are similar, the prosecution may introduce them as “404(b)” or similar act evidence. For example, if you’ve been convicted of stealing cars in the past, and you’re caught with a stolen car again, they may argue that your prior convictions show you knew the car was stolen. Similarly, if you have a specific method for committing a crime, prior offenses can be used to establish your identity in the current case.

Prior offenses can also elevate the level of the charges you face. For instance, if you have multiple vehicle theft convictions, you could be facing a Class 3 felony, which carries more severe penalties. In some cases, prior convictions—especially for serious crimes like burglary or robbery—can lead to habitual criminal status, which comes with extremely harsh consequences.

Because of this, it is essential to be open with your attorney about any prior offenses, as this will help them better prepare your defense.

What Penalties Am I Facing If I’m Convicted?

The penalties for property crimes in Colorado can vary widely, and they can escalate significantly based on factors like prior offenses or the specific nature of the crime. 

You could face anything from a fine or educational class to jail or prison time, depending on the severity of the crime. Other possible penalties include placement in a halfway house, probation, community service, or being ordered to pay restitution.

(Restitution is an order to compensate the victim for their losses. For example, if you stole someone’s bike, restitution would cover the cost to replace it.)

Can A Criminal Defense Attorney Help Me Get My Property Crime Charges Dismissed?

Yes, having a criminal defense attorney is critical when facing property crime charges. Prosecutors often take a tough stance on property crimes, especially since these offenses are frequently in the news and can be a hot-button issue. Without an attorney, it’s easy to feel pressured into accepting harsher terms, even when the situation isn’t as aggravated as the prosecution claims.

A skilled criminal defense attorney will understand how these cases are typically handled and will be able to spot when a prosecutor is being unreasonable. What’s more, attorneys are often able to negotiate better outcomes, such as having charges reduced or dismissed in exchange for restitution or attending a class, particularly in less severe cases. 

Ultimately, having a knowledgeable defense attorney can significantly increase your chances of a positive outcome, whether through negotiations or a strong defense at trial.

Still Have Questions? Ready To Get Started?

For more information on Property Crime Charges In Colorado, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (303) 951-8004 today.

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