When the state accuses you of taking something that isn't yours, they don't care about semantics. Many people walk into store security offices believing "shoplifting" is just a minor infraction, a slap on the wrist compared to real theft. That mistake can cost you your freedom. In Colorado, the prosecution will aggressively throw the full weight of the law at you regardless of what term store security used when they grabbed your arm.
Under Colorado Law: It Is All Theft
Here is the reality: Colorado's criminal code does not have a separate statute specifically named "shoplifting." Under C.R.S. § 18-4-401, everything falls under the legal definition of Theft. Whether someone is accused of stealing a high-end luxury vehicle or allegedly slipping a $20 item into a bag at a retail counter, the core charge is the exact same.
You commit theft in Colorado when you knowingly obtain, retain, or exercise control over anything of value belonging to another without authorization, or by threat or deception, intending to deprive the owner permanently of its use or benefit. Concealing an unpurchased item while still inside a store, altering price tags, or swapping packaging are all prosecuted as theft.
How the State Stacks the Deck Against You
The prosecutor's objective is simple: secure a conviction and penalize you as severely as possible. In Colorado, theft penalties are tied directly to the value of the property involved:
- Petty Offense: Under $300
- Class 2 Misdemeanor: $300 to $999
- Class 1 Misdemeanor: $1,000 to $1,999
- Felony Theft (Class 6 to Class 2): $2,000 and above, carrying mandatory state prison time for higher tiers.
District attorneys love to aggregate values. If prosecutors allege you took items from multiple stores or on different dates as part of a single course of conduct, they will stack those amounts together to push your charges from a misdemeanor straight into felony territory. Worse, if you crossed a store threshold with what they claim was prior intent to steal, they may even slap you with Burglary charges, which turns a retail dispute into an aggressive felony prosecution.
Never Play Their Game: Fight Back Immediately
Retail loss prevention officers are trained to intimidate you into confessing before police even arrive. They are not officers of the court; they do not have your best interests at heart, and they will use every statement you make to build a bulletproof case for the District Attorney. Do not sign their forms. Do not explain yourself. Do not attempt to negotiate.
False accusations happen. Equipment malfunctions happen. Overzealous security staff make illegal detentions and sloppy mistakes every single day. A strong defense doesn't wait to see what the state offers. It attacks the prosecution's evidence, exposes procedural flaws, and demands accountability.
A theft charge on your record can destroy your employment, your reputation, and your future. You cannot afford to take a passive approach while the state builds a case against you. Stand up and fight for your rights today. This is where the Law Offices of M. Colin Bresee comes in.
Contact us immediately at (303) 747-4032 to get a relentless, battle-tested defense in your corner before it's too late.
