Theft, Robbery, and Burglary

Theft and robbery charges can be applied to a wide range of actions, including everything from the theft of physical property belonging to another, store merchandise, money, vehicles, or even another’s identity. Law enforcement officers are often extremely aggressive in the way they treat and prosecute those accused of theft or robbery offenses. In many cases, police get biased facts from a person who called them first, and issue theft or robbery charges unfairly. This can result in false accusations, infringements on the rights and freedoms of those accused of theft and robbery crimes, and ultimately unfair punishments for those convicted.

Fortunately, with the help of an experienced attorney, individuals accused of theft or robbery charges may be able to have their charges dismissed entirely or reduced in severity. At Law Office of Walker Fults, we know how frightening it can be for Colorado residents to face such charges. We will work dedicatedly to understand your situation, uncover any flaw in the state’s case at trial, or make a smart and strategic settlement that will put your best interests above everything else.

What is Theft?

Theft is a simple and ancient concept, but certain specific criteria must be met in order to be found guilty in Colorado.  First, the actor must knowingly obtain or gain control over the property of another without permission.  Second, the actor must intend to deprive the owner permanently; or must knowingly use, conceal, or abandon it; or must hold it ransom.

Classes of Theft in Colorado

Theft comes down to the amount alleged stolen and use of force.  In many cases, a skilled criminal attorney can negotiate restitution with a payment plan to help reduce the effect of the charges on a defendant.  The categories of theft in Colorado are below, from smallest to most serious:

• Class 2 Misdemeanor Theft: Less than $500.
• Class 1 Misdemeanor Theft: $500 to $1000
• Class 5 Felony Theft: Taking less than $1000 value from the person of another without force.
• Class 4 Felony Theft: $1000 to $20,000.
• Class 3 Felony Theft: $20,000 or more.

Specific Types of Theft Recognized by the Law

Theft can apply to almost any kind of good or service that has some value.  The Colorado Revised Statutes specifically enunciate laws against certain types of theft, including theft of trade secrets, aggravated motor vehicle theft, or medical records theft.  Colo. Rev. Stat §18-4-408, 409, 412.  In fact,  §416 even criminalizes attempted resale of a lift ticket or coupon, although it’s only a class 2 petty offense, and police can’t make arrests for it.

Robbery

Similar to class 5 felony theft, robbery involves taking something from the person of another.  However, unlike felony theft, robbery includes the use or threat of force.  When force is employed, the charge escalates from class 5 felony theft to class 4 felony robbery, which opens a defendant to the threat of more years in prison.

Burglary and its Categorizations

Theft combined with breaking and entering someone else’s real property becomes a burglary charge.  First degree burglary is a class 3 felony, and involves breaking in and using a deadly weapon. 

Second degree burglary is simple breaking and entering, but it escalates to a class 3 felony if the building is a dwelling, or the object sought is drugs.

Third degree burglary is a class 5 felony, and involves breaking into a vault, safe, cash register, coin vending machine, or coin box of any kind.  (Be careful at the arcade next time not to shake the coin dispenser!)  Same as above, the charge jumps to a class 4 felony if the object sought is drugs.

Contact a Boulder Theft Attorney Today

If you are facing charges as serious as theft, robbery, or burglary, you need an equally serious defense. Contact the Law Office of Walker Fults today to learn more about what we can do to defend your rights and advocate for the very best outcome in your situation.