Theft of property or cash worth $2,000 or more (“grand theft“) is always a felony larceny charge in Colorado. The higher the value of the items stolen, the harsher the Colorado State Prison sentence and fines.
- Stealing $2,000 to less than $5,000 is class 6 felony theft, punishable by 12 to 18 months in prison and/or $1,000 to $100,000.
- Stealing $5,000 to less than $20,000 is class 5 felony theft, punishable by 1 to 3 years in prison and/or $1,000 to $100,000.
- Stealing $20,000 to less than $100,000 is class 4 felony theft, punishable by 2 to 6 years in prison and/or $2,000 to $500,000.
- Stealing $100,000 to less than $1,000,000 is class 3 felony theft, punishable by 4 to 12 years in prison and/or $3,000 to $750,000.
- Stealing $1,000,000 or more is class 2 felony theft, punishable by 8 to 24 years in prison and/or $5,000 to $1,000,000.
In addition, stealing $500 or more from an elderly or disabled person is always a class 3 felony – carrying 4 to 12 years in prison and/or $3,000 to $750,000. And if the value of the property is less than $500, stealing from an at-risk person is a class 5 felony – carrying 1 to 3 years in prison and/or $1,000 to $100,000.
Furthermore, Colorado felony theft sentences carry an order to pay restitution to the victim for the cash or thing of value that was stolen.1
Note that larceny carries the same penalties as embezzlement. But larceny carries different penalties from other types of theft such as robbery (which requires the use of force or threats), burglary, theft of trade secrets, and identity theft.
Is auto theft a felony in Colorado?
Theft of a motor vehicle is always a felony under Colorado criminal law.
First-degree automobile theft is a class 3 felony carrying 4 to 12 years in prison and/or $3,000 to $750,000.
Second-degree automobile theft is a class 4 felony carrying 2 to 6 years in prison and/or $2,000 to $500,000.
Third-degree automobile theft is a class 5 felony carrying 1 to 3 years in prison and/or $1,000 to $100,000.2
When is theft not a felony?
Theft is not a Colorado felony if the value of the property is less than $2,000.
- Stealing property valued at less than $300 is a petty offense, punishable by up to 10 days in jail and/or up to $300.
- Stealing property valued at $300 to less than $2,000 is class 2 misdemeanor theft, punishable by up to 120 days in jail and/or up to $750.
- Stealing property valued at $1,000 to less than $2,000 is class 1 misdemeanor theft, punishable by up to 364 days in jail and/or up to $1,000.
Note that pick-pocketing or otherwise stealing from an elderly or disabled person is always a felony under Colorado theft laws – no matter the value of the property.3
Learn more about misdemeanor theft and petty theft, which comprise most shoplifting cases.
Shoplifting less than $2,000 in merchandise is not a felony under CRS 18-4-401.
How can I fight felony theft charges?
The district attorney can reduce Colorado felony theft charges down to misdemeanor- or petty theft if you can show that the allegedly stolen property was priced at less than $2,000. Or it may be possible to get the theft case dismissed by arguing that:
- You were falsely accused;
- You were never in possession of the property;
- The property belonged to you;
- You did not intentionally take the property; or
- The police found the property through an illegal search.
How soon can Colorado felony theft be sealed?
Colorado convictions for stealing $100,000 or more (class 2- or 3 felonies) can never be sealed. Otherwise, felony theft convictions are sealable three years after the case ends.
Note that any felony charges for theft offenses which get dismissed can be sealed right away.4 Learn how to seal Colorado criminal records.
If you have been arrested on criminal charges, contact our Colorado criminal defense lawyers for legal advice. Our DUI/domestic violence/criminal defense attorneys have law offices in Denver, Colorado Springs, and Loveland. And our Colorado law firm takes criminal cases throughout the state of Colorado including Arapahoe County and more. Call us or use our contact form.
Go back to our Colorado theft crimes main page.
Legal References
- Colorado Revised Statute 18-4-401(2). CRS 18-6.5-103. See also Roberts v. People, (2009) 203 P.3d 513. See also People v. Leonard, (1979) 608 P.2d 832, 43 Colo.App. 471.
- CRS 18-4-409.
- CRS 18-4-401(2)(b). CRS 18-6.5-103.
- CRS 24-72-701 – 708.
