Colorado “Misdemeanor Theft” Laws & Penalties

In Colorado, the crime of theft is treated as a misdemeanor if the value of the stolen property is from $300.00 to $2000.00. If the value if less than $300, then it is a less-serious petty offense. If the value exceeds $2000.00, then it can be charged as a more serious felony offense.

The punishment for misdemeanor theft depends on the value of the money or goods that are stolen.

See the penalty chart below:

The judge may also order the defendant to pay victim restitution in Colorado. Additionally, defendants may be able to serve probation in Colorado in lieu of incarceration as part of a Colorado plea deal.

Common examples of misdemeanor larceny offenses may include:

• the Colorado crime of shoplifting,
• the Colorado crime of embezzlement,
• the Colorado crime of passing bad checks,
• theft by the Colorado crime of extortion, and
• theft by fraud, false pretenses and deception

Depending on the case, defendants may be able to fight their theft charges by arguing either:

1. the property belonged solely to the defendant,
2. the defendant did not intentionally take the property, or
3. the police committed misconduct

In this article, our Denver Colorado criminal defense lawyers discuss the following misdemeanor theft crime topics:

• 1. When is theft a misdemeanor in Colorado?
• 2. What are the penalties?
• 3. What are common defenses to misdemeanor theft?
• 4. Are there related offenses?

Also see our articles on petty theft in Colorado and felony theft in Colorado.

Larceny of anything worth at least $300 but less than $2,000 is a Colorado misdemeanor offense.

1. When is theft a misdemeanor in Colorado?

Misdemeanor theft (larceny) in Colorado law occurs when someone steals another’s property valued from $300 to less than $2,000.

Shoplifting is one of the most common types of larceny, but many different scenarios qualify as theft under section 18-4-401 of the Colorado Revised Statutes (C.R.S.). These include:

• taking another’s property under the guise of borrowing it but with no intention of returning it
• taking another’s property through deception, such as promising to pay for a good or service but never paying
• taking a loan and purposely not paying it back within 72 hours of the agreed-upon time to return it

Note that a person can be convicted of stealing property he/she co-owns if the person does not get authorization from the co-owner(s) first.¹

2. What are the penalties?

Theft of anything worth $300 or more but less than $2,000 is a misdemeanor in Colorado. Consequences of misdemeanor theft range from:

• probation to 364 days in jail and/or a fine of up to $1,000, and
• restitution payment to the victim

Predictably, judges are more likely to grant probation instead of jail to defendants with no criminal records.²

2.1. Sentencing ranges

The specific penalty range for misdemeanor larceny in Colorado turns on the value of the property allegedly stolen.

If defendants allegedly committed multiple thefts within a six (6)-month period, prosecutors may add together the values of all the stolen items and charge the defendant with just one theft count.³ Note that courts are supposed to determine value on a reasonable basis and not pure speculation.⁴

Also note it is automatically a felony to pick-pocket or to steal from a disabled or elderly person, even if the stolen items are worth less than $2,000. Learn more about Colorado felony theft laws.

2.1.2. $300-$999.99: class 2 misdemeanor

Theft of property worth at least $300 but less than $1,000 is a class 2 misdemeanor in Colorado. The sentence is:

• 120 days in jail and/or a fine of up to $750, and
• restitution payment to the victim

Depending on the case, the judge may grant probation instead of jail.

2.1.3. $1,000-$1,999.99: class 1 misdemeanor

Theft of property worth at least $1,000 but less than $2,000 is a class 1 misdemeanor in Colorado. The sentence is:

• up to 364 days in jail and/or a fine of up to $1,000, and
• restitution payment to the victim

Depending on the case, the judge may grant probation instead of jail.⁵

2.2. Penalties for attempts

Attempted larceny of items worth $300 to less than $2,000 is a class 2 misdemeanor. Penalties are up to 120 days in jail and/or up to $750 in fines.⁶

Learn more about Colorado criminal attempts.

2.3. Penalties for petty theft and felony theft

Stealing less than $300 worth of property is a petty offense, carrying:

• up to 10 days in jail and/or a fine of up to $300, and
• restitution payment to the victim

The judge may grant probation in lieu of jail for Colorado petty offenses.

Meanwhile, theft of anything worth $2,000 or more is a felony. Depending on the value of the item(s), Colorado felony theft can be punished by:

• one to twenty-four (1 – 24) years in Colorado State Prison and/or fine of $1,000 to $1,000,000, and
• restitution payment to the victim

Depending on the case, the judge may grant probation in lieu of prison.⁷

3. What are common defenses to misdemeanor theft?

The most effective defense to Colorado theft charges always turns on the unique circumstances of the case and what kind of property is at issue. Some typical defense arguments are:

1. The defendant was the sole owner of the property,
2. The defendant did not knowingly take the property, or
3. The police committed misconduct

It also may be possible to get criminal charges for larceny reduced by showing that the property is actually less valuable than the prosecution claimed it was in the complaint.

3.1. Defendant was the sole owner of the property

It is impossible for someone to steal something that belongs solely to him/her. Evidence of ownership may include:

• sales or resale receipts
• title documents
• contracts

If the defense attorney can show that the defendant was the sole owner of the property at issue, the theft charges should be dropped.

3.2. Defendant had no intent to take the property

Theft is an intent crime in Colorado.⁸ Therefore, people are not criminally liable for theft if they genuinely did not realize they took the property:

Example: Janice is rushing to get to work and grabs her roommate Tara’s iPad by mistake. Later Tara sees that her iPad is gone and reports it stolen. But since Janice did not realize the iPad was not hers, Janice committed no crime. Instead, she would just be civilly obligated to return the iPad.

A person’s intent is often difficult for prosecutors to prove beyond a reasonable doubt because there is no way to see what is going inside the defendant’s head. As long as there insufficient evidence to show that the defendant had intent to permanently deprive the victim of his/her property, a conviction cannot stand.

3.3. Police committed misconduct

Police have strict rules to follow when conducting searches and seizures under Colorado law. If law enforcement crossed the line by failing to get a Colorado search warrant — or not having a lawful reason to search without a warrant — then the defendant may have legal recourse:

The defense attorney can file a motion to suppress evidence in Colorado, which explains to the judge that the state’s evidence was tainted by the unlawful search. If the judge agrees and disregards the tainted evidence, the D.A. may drop the case for lack of proof.

4. Are there related offenses?

It is common for larceny suspects to face prosecution for theft as well as related crimes, such as:

• Robbery – 18-4-301, C.R.S.
• Burglary – 18-4-202-18-4-204 C.R.S.
• Deceptive sales – 18-4-401 S.R.S.
• Theft of Trade Secrets – 18–4–408 C.R.S.
• Motor Vehicle Theft – 18–4–409 C.R.S.
• Identity Theft — 18–5–902. C.R.S.

Call us for help…

Arrested in Colorado for misdemeanor larceny? Contact our Denver criminal defense attorneys for a free consultation. We defend clients throughout the state, including Denver, Colorado Springs, Greeley, and more. You can reach us by filling out the confidential form on this page, or by calling us at our Denver home office:

Colorado Legal Defense Group
4047 Tejon Street
Denver, CO 80211

Arrested in California? See our articles on California petty theft laws and California grand theft laws.

Arrested in Nevada? See our articles on Nevada petit larceny laws and Nevada grand larceny laws.

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