Theft Charges in Colorado: C.R.S. § 18-4-401

Theft is the single most commonly charged property crime in Colorado, and under C.R.S. § 18-4-401 it covers everything from shoplifting a $40 item to multi-million-dollar embezzlement schemes. What separates a petty offense citation from a felony prison sentence is almost always the dollar value of what was taken — which is why an accurate valuation, and a lawyer who can challenge it, matters so much.

If you or a loved one has been accused of theft anywhere in the Denver metro area or across Colorado, Mile High Legal can review the specific allegations, the state’s valuation evidence, and whether the charge was filed at the correct level.

What Counts as Theft Under Colorado Law

Under C.R.S. § 18-4-401, a person commits theft when they knowingly obtain, retain, or exercise control over another person’s property without authorization (or by threat or deception), intending to permanently deprive the owner of its use or benefit. This single statute covers shoplifting, theft of services, failure to return rented or leased property, and most property-based fraud that doesn’t fall under a more specific statute.

Theft Penalties: Colorado’s Value-Based Felony Ladder

Colorado grades theft entirely by the value of the property or services involved, as of the January 2025 version of the statute:

• Petty offense — value less than $300
• Class 2 misdemeanor — value of $300 to $999
• Class 1 misdemeanor — value of $1,000 to $1,999
• Class 6 felony — value of $2,000 to $4,999
• Class 5 felony — value of $5,000 to $19,999
• Class 4 felony — value of $20,000 to $99,999
• Class 3 felony — value of $100,000 to $999,999
• Class 2 felony — value of $1,000,000 or more

Two important wrinkles: theft taken directly from a person’s body (such as pickpocketing), by means other than force, threat, or intimidation, is automatically a class 5 felony regardless of the dollar value. And prosecutors are permitted to aggregate multiple thefts committed within a six-month period, or as part of the same scheme or course of conduct, into a single, higher-value charge — a tactic that can turn several minor incidents into one felony.

Important Points From Colorado Model Jury Instructions and Case Law

• If the state aggregates multiple thefts into one charge, it must prove all of them. When prosecutors combine several thefts committed within six months (or as part of one scheme) into a single, higher-value count, they have to prove every individual theft that was bundled into that count — not just enough of them to clear the dollar threshold. If even one of the aggregated thefts isn’t proven, the prosecution hasn’t met its burden on the aggregated charge at all. People v. Ramos, 2017 COA 100, 417 P.3d 902. This is a direct avenue for challenging an aggregated felony charge.
• “Knowingly” must apply to the lack of authorization, not just the taking. It is not enough for the jury to find that the defendant knowingly took or controlled the property; the prosecution must also prove the defendant knew they lacked authorization to do so. Auman v. People, 109 P.3d 647 (Colo. 2005).

Shoplifting and Retail Theft

Shoplifting is prosecuted under this same theft statute — there is no separate “shoplifting” crime in Colorado. Most shoplifting cases involve merchandise valued under $2,000 and are charged as a petty offense or misdemeanor, but repeat offenses, concealment devices, or organized retail theft can push a case into felony territory. Many retailers also pursue civil demand letters in addition to any criminal charge, which is a separate matter from the criminal case itself.

Common Defenses to Theft Charges

• Challenging valuation — disputing the state’s claimed value of the property to push the charge down to a lower class or misdemeanor level.
• Lack of intent — showing the person believed in good faith that they had permission or a legal right to the property.
• Mistaken identity — particularly common in retail theft cases relying on loss-prevention footage or eyewitness identification.
• Return or restitution — in appropriate cases, resolving the matter through diversion or restitution rather than a conviction.
• Improper aggregation — challenging the state’s attempt to combine separate, unrelated incidents into one inflated charge.

Why Choose Mile High Legal

Grant Grosgebauer and the team at Mile High Legal have defended theft and property crime cases throughout the Denver metro area, from first-time shoplifting citations to complex, high-value felony theft prosecutions. We know how prosecutors build valuation evidence and where that evidence is most vulnerable to challenge.