Charged With Theft in Colorado Even Though You Didn’t Steal Anything?

Charged With Theft in Colorado Even Though You Didn’t Steal Anything?

Lately, I have received a surprising number of calls from people facing theft charges in Colorado. In many of those cases, the first thing they tell me is:

“But I didn’t steal anything.”

Because I have been hearing that so often, I thought it might be helpful to address a common misconception about Colorado theft law.

Most people think theft means sneaking into a store, taking merchandise, and walking out without paying. While that is certainly one form of theft, Colorado law is much broader than many people realize.

As a Colorado criminal defense attorney, I have seen theft charges filed in situations where the accused genuinely did not believe they had committed a crime.

Theft Is About More Than Taking Property

Under Colorado law, theft can occur when a person knowingly obtains, keeps, uses, or exercises control over property belonging to someone else without authorization and intends to deprive the owner of it.

That means theft allegations can arise in situations that do not look like traditional shoplifting or burglary cases.

For example, I have seen theft allegations arise from:

• Property disputes between family members.

• Business disagreements.

• Failure to return borrowed items.

• Rental equipment that was not returned on time.

• Property that was mistakenly delivered to the wrong person.

• Disputes involving former roommates or romantic partners.

Many of these situations begin as civil disagreements and eventually find their way into the criminal justice system.

“I Was Just Borrowing It”

One of the most common explanations I hear is that the person intended to return the property.

Sometimes that explanation is true. Sometimes it is not.

The key issue is often intent.

What was the person’s intent at the time they obtained or kept the property?

Did they intend to return it?

Did they believe they had permission to possess it?

Did they honestly believe it belonged to them?

These questions often become the central battleground in a theft case.

Not Every Theft Case Is What It Appears to Be

Police reports frequently tell only one side of the story.

By the time I become involved in a case, I often discover text messages, emails, receipts, photographs, witness statements, or other evidence that paints a much different picture than the one presented in the arrest affidavit.

I have handled cases where ownership was disputed. I have handled cases where permission was given and later revoked. I have handled cases where misunderstandings escalated into criminal accusations.

The fact that someone has been arrested does not mean the prosecution can prove a theft beyond a reasonable doubt.

The Value of the Property Matters

Another important issue is the value of the property involved.

In Colorado, the severity of a theft charge often depends on how much the property is worth. The difference between a misdemeanor and a felony can come down to the valuation assigned by law enforcement or the prosecution.

For that reason, the value of the property is not always as straightforward as it first appears and should be carefully examined by the defense.

Multiple Incidents Can Sometimes Be Combined

Many people are surprised to learn that prosecutors may attempt to combine multiple alleged incidents into a single theft charge.

When that happens, the combined value of the property can dramatically increase the seriousness of the case.

What might have been a relatively minor allegation can suddenly become a felony prosecution.

Every Theft Case Deserves a Careful Review

Theft cases are often far more complicated than they appear on the surface.

Questions of ownership, permission, intent, valuation, and credibility frequently determine whether a person is convicted or whether charges can be reduced or dismissed.

If you have been charged with theft in Colorado, do not assume the case is hopeless simply because an arrest has been made. Many defenses may exist that are not immediately obvious from reading a police report.

An experienced defense attorney can review the evidence, identify weaknesses in the prosecution’s case, and help determine the best path forward.

If you are facing theft charges in Colorado, I encourage you to speak with a qualified criminal defense attorney as early as possible.

Ted McClintockColorado Criminal Defense Attorney

ColoradoCriminalDefense.com