Colorado classifies theft entirely by the value of what was taken, under C.R.S. § 18-4-401(2). Below $300 it’s a petty offense; from $300 up to $1,000 it’s a class 2 misdemeanor; from $1,000 up to $2,000 it’s a class 1 misdemeanor. Felony theft starts at $2,000 (a class 6 felony) and climbs through four more felony classes, up to a class 2 felony for anything valued at $1 million or more.
Why the exact number matters so much
A theft charge just above or just below one of these value lines can mean the difference between a misdemeanor and a felony, or between two very different felony sentencing ranges. How the property is valued, and by whom, is often one of the first things worth scrutinizing in a theft defense.
What to do next
If you’re facing this in Colorado, call Mile High Legal at (720) 853-5779 for a free consultation. The earlier a defense attorney gets involved, the more options are usually still on the table.
Quick Answers
Is theft a felony or misdemeanor in Colorado?
It depends entirely on the value of what was allegedly taken. Under $2,000 is generally a misdemeanor, with the specific class depending on the exact amount, and $2,000 or more is a felony, with the felony class also scaling up as the value increases.
What is petty theft in Colorado?
Colorado law doesn’t use the term “petty theft” as a formal legal category the way some other states do, it’s a general term people use for lower-value misdemeanor theft under C.R.S. 18-4-401, specifically anything under $300 (a petty offense) up through the low thousands that still falls under $2,000. These charges still carry real consequences, potential jail time and fines, even though the value involved is relatively small.
Is car theft a felony in Colorado?
Almost always, and it’s usually charged under a separate statute, not general theft. Colorado’s aggravated motor vehicle theft law, C.R.S. § 18-4-409, covers most vehicle-theft scenarios and scales the felony class by the vehicle’s value and the presence of aggravating factors like keeping the car more than 24 hours, damaging it, or using it in another crime. Aggravated motor vehicle theft in the first degree (aggravating factors present) is a class 5 felony under $20,000, a class 4 felony from $20,000 to under $100,000, and a class 3 felony above that or with two prior motor vehicle theft convictions. Second-degree applies when none of the aggravating factors are present. The exact charge and penalty range depend on the specific facts.
Can a store demand money from you for shoplifting in Colorado?
Yes. Under C.R.S. 13-21-107.5, a store can send a civil demand letter seeking the value of the merchandise plus an additional statutory penalty, separate from any criminal shoplifting charge. Paying the civil demand doesn’t make the criminal case go away, and refusing to pay the civil demand doesn’t make the criminal case worse, they’re independent of each other.
Can a theft charge be expunged or sealed in Colorado?
It depends on the outcome and how much time has passed, the same general framework that applies to sealing any Colorado criminal record. Under C.R.S. § 24-72-703, waiting periods after a conviction generally run 1 year for petty offenses, 3 years for misdemeanors and lower-level felonies, and 5 years for other eligible felonies, and any outstanding restitution, fines, or court costs will block sealing until paid. A dismissed charge or one resolved through a deferred judgment is generally easier to seal than an actual conviction, and felony theft convictions face more restrictions than misdemeanors.
What is check or credit card fraud in Colorado?
Check and credit card fraud generally involve using a check, card, or account without authorization, or with knowledge it’s invalid, to obtain money or property. Colorado typically charges this under one of two statutes: unauthorized use of a financial device (C.R.S. § 18-5-702), for using a card or account you know is expired, revoked, or otherwise not authorized, or criminal possession of a financial device (C.R.S. § 18-5-903), for simply having someone else’s card or account information you know to be lost, stolen, or misdirected. Depending on the facts, forgery or identity theft statutes can also apply. Like theft, the severity of the charge often scales with the dollar amount or number of devices involved.
What is embezzlement in Colorado?
Colorado doesn’t have a standalone crime called “embezzlement,” conduct that would be called that in everyday language, someone misusing money or property they were entrusted with, generally gets charged under Colorado’s general theft statute, C.R.S. 18-4-401, which already covers knowingly obtaining, retaining, or exercising control over someone else’s property without authorization, broad enough to reach a person who was entrusted with money or property and then misused it. The same value-based classification applies as with any other theft charge.
