Facing theft charges in Colorado can be a stressful and uncertain experience, especially when the distinction between misdemeanor and felony theft can drastically change the penalties you face. With the right defense strategy, you can navigate the complex criminal justice system, explore plea deals, and fight for a fair outcome that minimizes the impact on your life.
In this article, you can discover…
- The differences between misdemeanor and felony theft in Colorado.
- What evidence is required to prove these crimes.
- How plea deals work in theft cases.
How Does Colorado Law Differentiate Between Misdemeanor And Felony Theft?
Theft charges in Colorado are classified based on the value of the stolen property and the circumstances surrounding the crime. Understanding these distinctions can help you grasp the potential penalties and legal implications you may face.
In Colorado, the primary factor determining whether theft is a misdemeanor or a felony is the value of the stolen item:
- Misdemeanor theft typically involves property valued at less than $2,000.
- Felony theft applies when the stolen property is valued at $2,000 or more.
Additionally, certain circumstances can escalate a misdemeanor to a felony. For example, if the theft involves an “at-risk” victim—such as an elderly or disabled person—the charges may be elevated, regardless of the stolen property’s value.
What Are the Potential Penalties Associated With Misdemeanor Theft?
Misdemeanor theft in Colorado can result in a range of penalties, including:
- Fines
- Jail sentences (usually for less serious offenses)
- Probation
- Community service
- Educational classes, depending on the nature of the crime
These penalties are typically less severe than those for felony theft, but can still have long-term consequences.
Attorneys Jim & Christina Zorrilla are caring criminal defense attorneys serving Colorado. For years, they have helped clients just like you better understand and fight misdemeanor and felony theft charges in Colorado.
Charged with theft and unsure of your options? Reach out to The Zorrilla Law Firm at (303) 951-8004 for a free initial consultation today.
What Are the Potential Penalties Associated With Felony Theft?
The penalties for felony theft are more serious and can include:
- Prison sentences (ranging from probation with jail time to extended prison terms)
- Halfway House sentence
- Fines
- Probation with stricter conditions
- Restitution to compensate the victim for their losses
The severity of the penalties depends on the specific felony class, the value of the stolen property, and the presence of any aggravating factors, such as prior convictions.
How Do Prior Convictions Influence The Severity Of Current Theft Charges?
Prior convictions generally do not alter the classification of theft (misdemeanor vs. felony). However, they can significantly affect sentencing, particularly if the defendant has a history of similar offenses.
For instance, if someone has two prior felony convictions within their lifetime and is convicted of a new felony theft, they may no longer be eligible for probation and could face a mandatory prison sentence. Criminal history is a key factor in plea negotiations and sentencing decisions.
With this in mind, it’s best to be upfront and honest with your criminal defense attorney about everything from your background and past convictions to your personal history so they can better craft a defense and represent you.
How Do Plea Deals Work In Theft Cases?
Plea deals are common in theft cases, especially when the evidence against you is strong. The goal in plea negotiations is generally to reduce the severity of the charges against you, such as negotiating a felony charge down to a misdemeanor. In some cases, your attorneys may even negotiate a deferred judgment or dismissal on the condition that you complete certain conditions, like paying restitution or taking a class.
Because of this, your criminal history and ability to pay restitution will play a significant role in plea negotiations. For example, prosecutors often ask about restitution upfront, and being able to offer compensation for the stolen or damaged property can lead to more favorable outcomes.
How We Approach Cases Like Yours
In one particularly challenging case, a young client was facing aggravated robbery charges, with the prosecution offering a plea deal that would have resulted in decades of prison time. Despite the evidence against him, we believed the offer was unfair. So, to shift the negotiations in a more favorable direction, we made the strategic decision to set the case for trial.
A major concern for the defense was the fingerprint evidence linking our client to the crime. We knew our client ultimately wanted to avoid going to trial because of this – so we began preparing the case thoroughly and looking for holes in the case against him.
During our preparation, we discovered that the prosecutor had not endorsed a critical witness necessary for their case. Recognizing this, we remained quiet on the issue while continuing to prepare for trial, waiting for the prosecution to realize their oversight.
When they did, it forced the prosecution to reconsider their position. The outcome was a significant reduction in the proposed sentence, cutting off 20 years of prison time and replacing it with a much lighter sentence. This was a major success for our client, who now faced only a small amount of jail time—a far better outcome for such a young man.
This case was not only a triumph for our client but also for our team. Helping someone avoid a lengthy prison sentence is always immensely satisfying, and it reinforces why we do what we do. Sometimes, the risk of a long prison sentence is a wake-up call, but if we can save someone from that fate, it is an incredibly rewarding outcome.
Standing by our clients in these difficult moments and helping them avoid life-altering consequences is what makes being a defense attorney so fulfilling. It’s about protecting their future, giving them a second chance, and showing them the seriousness of the decisions they’re making, all while fighting for a fair and just outcome.
Still Have Questions? Ready To Get Started?
For more information on Felony Theft 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.
Attorneys Jim & Christina Zorrilla are caring criminal defense attorneys serving Colorado. For years, they have helped clients just like you better understand and fight misdemeanor and felony theft charges in Colorado.
Charged with theft and unsure of your options? Reach out to The Zorrilla Law Firm at (303) 951-8004 for a free initial consultation today.