Theft charges are not limited to shoplifting. The category includes burglary, robbery, fraud, embezzlement, criminal mischief, and motor vehicle theft. Each offense has its own elements, classification, and range of penalties. How a case is charged will depend on what was taken, how much it was worth, and the circumstances surrounding the offense.
A Colorado Springs theft lawyer can evaluate the charges you are facing and advise you on how to respond. But before that conversation happens, it is worth understanding how theft and property crime laws work and why certain cases are treated far more seriously than others.
Classification by Dollar Value
The value of the property taken determines whether a theft charge is a petty offense, a misdemeanor, or a felony. Every state sets specific dollar thresholds. The charge is classified as a misdemeanor if the amount is below it and as a felony above it.
This means two people can commit the same act and face very different consequences based on the value of what was involved. Someone who takes a few items from a retail store may be looking at a fine and probation. Someone who takes merchandise worth several thousand dollars from the same store is facing a felony conviction and possible prison time.
When the Method Changes the Charge
Dollar value is not the only factor. How the theft was carried out will affect the charges as well.
Robbery involves taking property from another person through force or the threat of force. It does not matter if the property taken was only worth $10. The use of force makes it a felony, and the sentence will reflect that.
Burglary does not require that anything was actually stolen. The charge is based on entering a building without authorization with the intent to commit a crime inside. That crime could be theft, but it could also be assault or something else entirely. The entry itself, combined with the intent, forms the basis of the charge.
Embezzlement involves someone with authorized access to funds or property who uses that access to take them. The position of trust separates embezzlement from ordinary theft and also leads to harsher sentencing.
Property Damage Offenses
Criminal mischief is the intentional destruction or damage of someone else's property. Like theft, it is classified by dollar amount. Low-value damage is a misdemeanor. High-value damage is a felony.
Trespassing is a separate offense that involves entering or remaining on property without permission. The penalties are lower than for burglary or theft, but they escalate when the trespass involves certain types of property or when the person has been warned or charged before.
How Sentencing Works
The dollar value of the property or damage is the starting point for sentencing. From there, judges will consider the defendant's criminal history, the circumstances of the offense, and whether aggravating factors are present.
A first-time offender charged with misdemeanor theft may receive probation, a fine, and an order to pay restitution to the victim. A repeat offender facing the same charge is far less likely to receive that outcome. Prior convictions for similar offenses will increase the sentence and reduce options for alternative sentencing or diversion.
Theft from a vulnerable individual, such as an elderly person, or committed through deception or the abuse of a professional position can result in penalties separate from the base sentence.
Restitution is separate from fines. The court will order the defendant to repay the victim for the value of what was taken or the cost of the damage. That obligation does not go away if the defendant is sentenced to prison. It will still be owed once the sentence is completed.
What a Conviction Does to Your Record
A theft conviction changes how the legal system treats you going forward. Any future charge will be weighed against that record. Prosecutors use prior theft convictions to argue for higher sentences, and judges have the discretion to impose them. The conviction also makes it more difficult to qualify for diversion or alternative sentencing if you are charged again.
You may be able to petition for expungement or record sealing, but eligibility rules and filing timelines are strict. An attorney can assess whether that option is available to you.