Good Colorado criminal defense attorneys who handle a large number of theft cases know there are numerous defenses their clients can use to challenge this charge. They are also acutely aware that their clients, if convicted of the offense, face long lasting consequences that can have life altering effects, such as prison time, a permanent mark on their records and problems with future employment.
The key element in a theft charge is the value of the property taken – the actual dollar amount attached to the item or items. For example, taking property less than $300 in value is considered a petty offense under Colorado law, and an item worth more than $1,000 but less than $2,000 is considered a class one misdemeanor.[i] However, theft of property valued between $100,000 to $1 million is a class three felony, and an item worth more than $1 million is a class two felony.[ii]
Another key factor in a theft charge is use of force, threat or intimidation during the criminal act. Use of force, threat or intimidation during the offense makes the crime a class five felony – no matter what the value of the item.[iii] This substantially raises the risk of possible incarceration.
First, effective lawyers in theft cases know how to manage “the basics” that would apply to any criminal matter. Examples of these steps include carefully examining the prosecution’s evidence to identify any flaws or gaps in the state’s case, challenging any statements obtained by police from the defendant, and preparing motions to suppress evidence gathered by law enforcement because it was unconstitutionally obtained.
Good attorneys also know defenses that specifically apply to theft crimes as well. For instance, two elements the prosecution must prove to show theft are that the defendant knowingly obtained an item and controlled it (1) without authorization and (2) with intent to permanently deprive the owner of the property.[iv] Therefore, if a defense attorney can show that the item was obtained by the defendant with permission of the owner and the defendant intended to return the property, the accused person cannot be convicted of theft.
Another possible defense is duress. If the accused person engaged in theft because another individual threatened him or her with force or harm (for example: an individual was physically coerced to join a theft ring), then the defendant would not be held legally culpable for this conduct.[v]
One more possible defense is challenging the value of the item taken. If the prosecution alleges the property is worth $5,000 but the defendant can show it was actually worth $1,500, this would move the crime classification from a felony to a misdemeanor, potentially saving long periods of time incarcerated and avoiding the stigma that a felony conviction holds.
Finally, an effective defense attorney handling a theft case knows how to speak to and negotiate with the prosecution. The lawyer identifies the weak points with the state’s case, brings those issues to the district attorney’s attention and utilizes them to obtain the best possible resolution to the entire matter – possibly even dismissal of the theft charge. If the client is facing his or her first offense, an effective lawyer also strives to get the client a resolution that includes diversion or a deferred judgment, potentially resulting in a clean record at the case’s conclusion. Again, an effective ending to the case results in avoiding as many of the bad consequences that a conviction holds.
Contact Mile High Legal if you are facing a theft charge to obtain the best possible outcome to your matter. We have both the knowledge and experience to assist you in this situation.
[i] § 18-4-401(2), C.R.S.
[ii] Id.
[iii] § 18-4-401(5), C.R.S.
[iv] People v. McCormick, 784 P.2d 808, 810 (Colo. App. 1989)
[v] § 18-1-708, C.R.S.
