Denver Theft Lawyer

Theft charges in Colorado range from a petty offense to a class 2 felony, and the value of what you allegedly took decides which one you're facing. Dan Butler, a former Denver prosecutor, has handled theft cases from inside the District Attorney's Office and now builds defenses against those same charges at Price Criminal Defense.

Call 720-615-7106 today for a free consultation.

Denver Theft Charges: What's at Stake

A theft conviction becomes part of your criminal record, even when the charge itself is a misdemeanor. That record surfaces on the background checks employers, landlords, and licensing boards run for years after the case closes.

The practical fallout tends to show up in a few specific places:

• Employment: A theft conviction on file can end a job application before an interview happens.
• Housing: Landlords often screen out applicants with any theft-related conviction.
• Professional Licensing: Boards overseeing nursing, education, and other licensed fields may open a review after a conviction.
• Firearm Rights: A felony theft conviction removes your right to possess a firearm under both Colorado and federal law.
• Immigration Status: Theft convictions involving fraud or deception can carry separate consequences for non-citizens, independent of the criminal sentence itself.

A charge at any value level deserves a full case review before you decide how to respond. The classification a prosecutor assigns at filing is not always the classification a case ends with, and that difference often comes down to how early a defense attorney gets involved.

The timeline of a theft case moves faster than most people expect. Denver courts typically set an arraignment date within weeks of an arrest or summons, and decisions made in those early weeks, including whether to request a diversion evaluation or challenge the state's valuation, shape every option available later in the case.

What Does a Former Prosecutor Know About Denver Theft Cases?

A former prosecutor already knows which pieces of evidence the Denver District Attorney's Office leans on hardest in a theft case. Dan Butler prosecuted theft charges for the City of Denver, so he knows how surveillance footage, receipts, and witness identifications hold up once someone actually challenges them in court.

That background shapes his review of your case from the start:

• Surveillance Footage: Checking video quality, angles, and time stamps against the state's timeline.
• Receipts and Transaction Records: Verifying whether the paper trail actually supports the accusation.
• Witness Identifications: Testing how confident and consistent an eyewitness identification really is.
• Inventory and Loss Reports: Reviewing how a retailer or victim calculated the claimed value of the property.

Prosecutors build cases around evidence that looks solid on paper. A former prosecutor knows exactly where that evidence tends to crack.

That experience also shapes plea negotiations. Dan has sat on the side of the table that decides which theft cases are worth taking to trial and which ones the state would rather resolve early. 

Knowing how a Denver prosecutor values a case, and what makes a case look weak from their perspective, changes how he negotiates on a client's behalf from the first conversation with the District Attorney's Office.

Colorado Theft Law: Classifications and Penalties

Colorado theft charges under C.R.S. § 18-4-401 get classified by the value of the property involved, and that value alone determines whether you face a petty offense, a misdemeanor, or a felony. Small differences in valuation can shift a case from one class to another entirely.

Value of Property	Classification
Under $300	Petty Offense
$300 to $999	Class 2 Misdemeanor
$1,000 to $1999	Class 1 Misdemeanor
$2,000 to $4,999	Class 6 Felony
$5,000 to $19,999	Class 5 Felony
$20,000 to $99,999	Class 4 Felony
$100,000 to $999,999	Class 3 Felony
$1,000,000 or more	Class 2 Felony

Prosecutors set the alleged value early in the case, and that number drives every plea negotiation and sentencing conversation that follows. Challenging an inflated valuation can move a charge down a full classification, which changes the penalties a defendant actually faces.

Each classification carries its own range of potential jail or prison time and fines, and the gap between the low end and high end of a felony sentence is wide.

Classification	Maximum Jail or Prison Time	Maximum Fine
Petty Offense	Up to 10 days	Up to $300
Class 2 Misdemeanor	Up to 120 days	Up to $750
Class 1 Misdemeanor	Up to 364 days	Up to $1,000
Class 6 Felony	12 to 18 months	Up to $100,000
Class 5 Felony	1 to 3 years	Up to $100,000
Class 4 Felony	2 to 6 years	Up to $500,000
Class 3 Felony	4 to 12 years	Up to $750,000
Class 2 Felony	8 to 24 years	Up to $1,000,000

Courts have discretion within these ranges, and factors like criminal history, restitution, and the specific facts of the case all influence where an actual sentence lands. 

For example, a first-time offender facing a class 6 felony rarely receives the maximum sentence, but the exposure on paper is what shapes every plea discussion, and it explains why prosecutors and defense attorneys spend so much time arguing over the alleged value before the case ever reaches a courtroom.

What Other Theft Charges Might Apply in Colorado?

Several offenses sit alongside general theft charges in Colorado and carry their own specific rules. Recognizing which one applies to your situation matters, since each one comes with different defenses and different stakes.

The most common related charges include:

• Shoplifting: Retail theft follows the same value-based classification system as general theft.
• Auto Theft: Motor vehicle theft is classified under Colorado's motor vehicle theft statute, with the classification depending on the vehicle's value.
• Identity Theft: Charged under C.R.S. § 18-5-902, this offense involves using someone else's personal information without permission.
• Theft by Receiving: Knowingly possessing property you know or believe was stolen carries the same value-based penalties as theft itself.

Charges under this same statute sometimes get filed alongside a criminal mischief charge when property damage occurred during the alleged theft.

Auto theft deserves particular attention because Colorado classifies motor vehicle theft differently from general theft under its own statute, with penalties based on the vehicle's value. This makes the applicable penalties and defenses different from those in a general theft case.

Identity theft carries its own separate concern: a single case often involves multiple victims and multiple counts, which can multiply the potential sentence well beyond what a single theft charge would carry.

What Are Common Defenses to a Denver Theft Charge?

A theft conviction requires proof that you intended to permanently deprive someone of their property, and that intent requirement opens several avenues for defense. Several strategies come up regularly in Denver theft cases.

• Lack of Intent: Showing the situation was a misunderstanding, such as borrowing rather than stealing.
• Mistaken Identity: Challenging the reliability of surveillance footage or an eyewitness identification.
• Owner's Consent: Demonstrating the property owner authorized the use or possession.
• Insufficient Evidence of Value: Disputing the state's valuation to move the charge into a lower classification.
• Diversion Eligibility: First-time offenders sometimes qualify for a diversion program that can keep a conviction off their record entirely.

Which defense fits depends entirely on the facts of your arrest and the strength of the evidence against you.

Diversion programs deserve a closer look for anyone facing a first theft charge. These programs generally require completing specific conditions, such as restitution, community service, or a theft education class, in exchange for the District Attorney's Office dismissing the charge once those conditions are met. Eligibility depends on the classification of the charge, the value involved, and whether the person has prior convictions, so confirming eligibility early can change the entire strategy for a first-time case.

Restitution plays a role in nearly every theft case, regardless of which defense strategy applies. Colorado courts can order restitution as part of a plea agreement, a diversion program, or a sentence following conviction, and that amount is separate from any fine the court imposes. 

Addressing restitution early, before a case reaches sentencing, often gives a defendant more control over how that obligation gets structured and paid.

FAQ for Denver Theft Lawyer

Start Building Your Theft Defense Today

A theft charge does not have to define the next chapter of your life. Dan Butler's background as a former Denver prosecutor gives him a working knowledge of exactly how these cases get built and where they tend to fall apart. Learn more about Dan's background or call 720-615-7106 now to schedule your free consultation with Price Criminal Defense.