When you get caught shoplifting, you might have a lot of questions: What penalties might I face? Can the shopkeeper detain me? How will this impact my life?
Shoplifting is considered a form of theft, and in most ways, Colorado law considers all forms of theft the same. This means that the legal consequences of shoplifting can be as severe as any other form of theft, including up to 24 years in prison for a first-time conviction. A theft conviction, especially a felony theft conviction, can have serious, long-lasting consequences. It can make it difficult to find employment, secure stable housing, and may even affect your immigration status.
However, if you’ve been wrongly accused of shoplifting, there are ways to defend yourself and potentially avoid a conviction. Even if there’s enough evidence to establish guilt, first-time offenders may still be able to avoid a conviction. Denver criminal defense attorney M. Colin Bresee has spent decades defending individuals facing criminal charges, including shoplifting. If you’re looking for experienced legal help, contact the Law Offices of M. Colin Bresee for a free initial consultation.
Here’s everything you need to know about shoplifting laws in Colorado.
What Are Colorado Shoplifting Laws?
Under Colorado law, shoplifting is considered a form of theft. A person commits theft when they “knowingly obtain, retain, or exercise control over anything of value of another without authorization or by threat or deception” (C.R.S. § 18-4-401).
Shoplifting doesn’t just mean walking out of a store with unpaid merchandise. It can include:
- Fraudulent returns
- Swapping or altering price tags
- Hiding merchandise with the intent to steal it later
You don’t have to successfully leave the store or even keep the item to be charged. Concealing an item can be enough to show intent to steal under Colorado law (C.R.S. § 18-4-406).
How Serious Is a Shoplifting Charge?
The value of the stolen items determines the severity of the charge:
- Petty theft (items of low value) is a petty offense.
- Mid-range theft may be a misdemeanor.
- High-value theft can be charged as a felony, up to a class 2 felony for the most serious cases.
Is There a Time Limit to File Charges?
Yes. Colorado law sets time limits based on the severity of the offense:
- Petty offense: Charges must be filed within 6 months.
- Misdemeanor theft: Up to 18 months.
- Felony theft: Up to 3 years (C.R.S. § 16-5-401).
What Are the Penalties for Shoplifting in Colorado?
When you are suspected of shoplifting, the store, its employees, and any responding police officers have the legal right to detain and question you without incurring criminal liability. However, they must act on reasonable grounds, use reasonable means, and hold you only for a reasonable amount of time. Law enforcement should be contacted promptly (C.R.S. § 18-4-407).
If you are convicted of shoplifting in Colorado, you may face several penalties, including:
- Fines
- Community service
- Restitution to the store owner
- Potential jail time (even a petty offense can result in jail time)
Penalties depend on the value of the stolen items:
| Value of Stolen Items | Offense Level | Jail/Prison Time | Fine |
| Less than $300 | Petty Offense | Up to 10 days in jail | Up to $300 |
| $300 to <$1,000 | Class 2 Misdemeanor | Up to 120 days in jail | Up to $750 |
| $1,000 to <$2,000 | Class 1 Misdemeanor | Up to 364 days in jail | Up to $1,000 |
| $2,000 to <$5,000 | Class 6 Felony | Up to 18 months in prison | $1,000 to $100,000 |
| $5,000 to <$20,000 | Class 5 Felony | 1 to 3 years in prison | $1,000 to $100,000 |
| $20,000 to <$100,000 | Class 4 Felony | 2 to 6 years in prison | $2,000 to $500,000 |
| $100,000 or more | Up to Class 2 Felony | 8 to 24 years in prison | Up to $1,000,000 |
These penalties are not mutually exclusive. You can be required to pay restitution and fines, serve jail time, and complete other court-ordered conditions. Prior convictions, especially repeat offenses at the same store, can lead to enhanced sentencing.
Misdemeanor vs. Felony Shoplifting in Colorado
Under current Colorado law, the theft of items valued at less than $2,000 is a misdemeanor, while shoplifting $2,000 or more in merchandise is considered a felony. If you steal multiple items at one time, in close succession, or during repeated thefts against one person, the total value of actual or attempted theft can be used to determine the severity of the charge. In addition, manufacturing or using devices to defeat theft-detection equipment adds an additional class 2 misdemeanor charge.
Felony theft in Colorado comes with serious consequences that can follow you for the rest of your life.
Legal Consequences of Shoplifting Charges
A shoplifting conviction, especially one involving felony theft, can lead to serious legal and personal consequences that follow you for years. These may include:
- Criminal Record: A theft conviction leaves you with a permanent criminal record, which can carry a lasting social and legal stigma. It may affect your ability to serve on a jury, own a firearm, or pursue certain professional certifications and licenses.
- Employment: Many employers conduct background checks during the hiring process. A theft-related offense, particularly a felony, may disqualify you from jobs in retail, finance, or any position requiring trust and responsibility.
- Housing and loans: Even a misdemeanor theft conviction can make it harder to rent an apartment or get approved for a loan, and the impact is even greater with a felony on your record. Since felony theft often involves high-value fraud, landlords and financial institutions may view your application with skepticism and choose other candidates.
- Immigration Status: If you are not a U.S. citizen, a theft conviction can have serious immigration consequences. It may result in the denial of a visa or green card, or even lead to deportation in some cases.
- Civil liability: You may also face civil recovery lawsuits from retailers seeking compensation for their losses. These losses can exceed the value of the stolen merchandise. Restitution may cover employee injuries or the costs the store incurred trying to stop the theft.
Steps to Take If You’re Accused of Shoplifting
If you’re accused of shoplifting, it’s important to remain calm to avoid making the situation worse. Remember: Colorado law gives shopkeepers and their employees the right to keep you on the premises for questioning and until law enforcement arrives. Fighting back will count as assault, not self-defense. Once additional offenses are combined with shoplifting, your options for avoiding conviction diminish significantly.
Cooperate with store employees and with law enforcement when they arrive. If you bought the items in question and have a valid receipt, show it. Otherwise, keep your statements to a minimum, and do not give a statement without a lawyer present. Even if the merchant and law enforcement won’t honor your receipt, do not continue to protest or resist. Simply remain quiet and state your desire for a lawyer. This will help protect your rights.
Preventing Shoplifting Convictions
If you want to avoid a conviction for shoplifting, an experienced criminal defense attorney can help you build a strong defense against theft charges. Common legal defenses in a shoplifting case include:
- You had no intent to steal: Store employees misinterpreted your innocent actions. For example, what looked like hiding an item on your person may have simply been an attempt to juggle items in a store that didn’t offer convenient baskets or carts.
- You aren’t the person on the video: While the individual in the surveillance footage may resemble you, it wasn’t you. This defense is especially effective if the alleged stolen items were not found where the person in the video was seen hiding them.
- Your actions were accidental: You may have forgotten to scan items at the self-checkout. Honest mistakes can sometimes be mistaken for theft.
- Your rights were violated during detention or arrest: Retail employees must have a reasonable justification to detain you. A physical search is only permitted under specific legal circumstances. If these limits weren’t followed, key evidence could be ruled inadmissible.
These defenses can reduce your charges or help you avoid a conviction altogether.
Even if you can’t mount a successful legal defense, there are still ways to avoid having a conviction on your record. One such option is a pretrial diversion program. If you qualify, you may be required to pay a fine, provide restitution, take classes, and/or perform community service. In return, your charges will be dismissed—as long as you remain offense-free for a set period of time.
Why Consult Attorney M. Colin Bresee?
Criminal defense attorney M. Colin Bresee brings decades of experience in criminal law, including time working with district attorneys. This background gives him valuable insight into how prosecutors build their cases, which he uses to construct effective defenses for his clients.
Mr. Bresee will review your case to determine whether your charges might be dismissed. Unlike some defense attorneys who may pressure clients into plea deals to avoid trial, Mr. Bresee is confident and experienced in the courtroom. He’s achieved numerous trial victories and will only recommend a plea bargain if it truly serves your best interests, negotiating for the most favorable terms possible.
You deserve strong legal defense, and you shouldn’t have to commit financially until you understand your options. That’s why the Law Office of M. Colin Bresee offers a free initial consultation and flexible payment plans to help make quality defense more accessible.
Many people think shoplifting isn’t “real theft,” but in Colorado, the penalties are the same. A conviction can follow you for life. Working with an experienced criminal defense attorney may help you avoid conviction, imprisonment, and other long-term consequences.
Disclaimer: Neither this page nor any other content on this website constitutes legal advice or forms an attorney-client relationship. Past results do not guarantee future outcomes.