“Felony Grand Theft” in Colorado – The Law & Penalties

Under Colorado Revised Statute § 18-4-401, felony theft generally occurs when someone knowingly obtains, keeps, receives, or exercises unauthorized control over another person’s property or services valued at $2,000 or more, with the intent to deprive the owner of its use or benefit.

However, even if the value is less than $2,000, it is always a felony to steal a firearm or to steal from certain “at-risk” people under certain circumstances.

Sometimes called “grand larceny” or “grand theft,” felony theft is a common charge in cases involving shoplifting, embezzlement, and bad checks. 

Prison and Fines

Colorado theft penalties generally turn on the value of the stolen property or services: 

• $2,000 to less than $5,000:  Class 6 felony carrying 12 to 18 months in prison and/or $1,000 to $100,000.  
• $5,000 to less than $20,000:  Class 5 felony carrying 1 to 3 years in prison and/or $1,000 to $100,000.  
• $20,000 to less than $100,000:  Class 4 felony carrying 2 to 6 years in prison and/or $2,000 to $500,000. 
• $100,000 to less than $1 million:  Class 3 felony carrying 4 to 12 years in prison and/or $3,000 to $750,000.
• $1 million or more:  Class 2 felony carrying 8 to 24 years in prison and/or $5,000 to $1 million. 

Judges sometimes approve plea deals that allow defendants to serve probation instead of incarceration. Defendants may also be ordered to pay victim restitution. 

Aggregation Rule

Under C.R.S. 18-4-401(4), prosecutors may add the values of multiple thefts together and charge them as one offense when:

• The defendant allegedly committed at least two thefts from the same person as part of one scheme or course of conduct, or
• The defendant allegedly committed two or more thefts in six months.

Repeat Offender Rule

Under C.R.S. 18-4-413, a third or successive felony shoplifting conviction in four years generally carries:

• at least the minimum prison term in the sentencing range and
• no possibility of probation or a suspended sentence. 

This rule does not apply when the defendant is being sentenced for thefts aggregated under C.R.S. 18-4-401(4).

In our experience, felony theft cases often turn on issues that are less straightforward than they first appear, such as who owned the property, what it was actually worth, our client’s intent, and whether several alleged thefts can be combined. Challenging any one of these points may reduce a felony charge to a misdemeanor or lead to the case being dismissed.

In this article, our Denver criminal defense lawyers discuss the following Colorado felony grand theft topics:

• 1. Elements
• 2. Grand Theft v. Petty Theft
• 3. Penalties
• 4. Defenses
• 5. Related Offenses
• Frequently Asked Questions
• Additional Resources

1. Elements

Colorado law under C.R.S. 18-4-401 defines felony theft as stealing property or services worth $2,000 or more. This is a broad crime that encompasses several circumstances, including:

• shoplifting,
• taking property by false pretenses,
• knowingly keeping leased or rented property for more than 72 hours after the agreed return time, or
• taking property the alleged thief co-owns without first getting the approval of the co-owner(s).

As of mid-2025, felony theft also comprises stealing a firearm of any value.¹ 

In our experience, felony theft charges often arise from disputed business deals, shared property, loans, or misunderstandings—not just someone physically taking an item. The key questions frequently involve who owned the property, what permission was given, what the property was worth, and what our client’s intention was.

2. Grand Theft v. Petty Theft

Grand theft, which is another name for felony theft, comprises the larceny of property valued at $2,000 or more.

In contrast, petty theft generally comprises larceny of property valued at less than $300. Petty theft is classified as a petty offense.

Meanwhile, theft of property valued at $300 to less than $2,000 is generally called misdemeanor theft. Depending on the value of the property, it can be a:

• class 1 misdemeanor or
• class 2 misdemeanor.²

In cases we handle, the prosecution’s valuation of the property is often one of the most important disputes because crossing the $300, $1,000, or $2,000 threshold can change the charge. Receipts, depreciation, damage, market prices, and expert appraisals may help us argue that the property was worth less than prosecutors claim.

3. Penalties

As outlined in the subsection below, the specific penalty range for felony theft in Colorado turns on the value of the property or services allegedly stolen. Courts are supposed to determine value on a reasonable basis and not pure speculation. Defendants may also be ordered to pay restitution. 

If a defendant allegedly committed multiple thefts within a six-month period, prosecutors may “aggregate” together the values of all the stolen items and charge the defendant with just one theft count. This also holds true for defendants accused of at least two thefts from the same person as part of one scheme or course of conduct^.

In some cases, it could be possible to do probation as an alternative to prison. However, probation is unavailable when the current conviction is for felony theft from a store, and, during the preceding four years, the defendant was twice convicted of felony theft from a store: In this situation, defendants face at least the minimum presumptive prison term.³ 

Sentencing Ranges

$2,000-$4,999.99:  Class 6 felony

Theft of property worth at least $2,000 but less than $5,000 is a class 6 felony in Colorado. The sentence is:

• 12 to 18 months in prison with 1 year of mandatory parole and/or 
• a fine of $1,000 to $100,000.

Note that theft of a firearm is also generally prosecuted as a class 6 felony, regardless of the gun’s value. 

$5,000-$19,999.99:  Class 5 felony

Theft of property worth at least $5,000 but less than $20,000 is a class 5 felony in Colorado. The sentence is:

• 1 to 3 years in prison with 2 years of mandatory parole and/or
• a fine of $1,000 to $100,000.

$20,000-$99,999.99:  Class 4 felony

Theft of property worth at least $20,000 but less than $100,000 is a class 4 felony in Colorado. The sentence is:

• 2 to 6 years in prison with 3 years of mandatory parole and/or
• a fine of $2,000 to $500,000.

$100,000-$999,999.00:  Class 3 felony

Theft of property worth at least $100,000 but less than $1,000,000 is a class 3 felony in Colorado. The sentence is:

• 4 to 12 years in prison with 3 years of mandatory parole and/or
• a fine of $3,000 to $750,000.

$1,000,000 or more:  Class 2 felony

Theft of property worth at least $1 million is a class 2 felony in Colorado. The sentence is:

• 8 to 24 years in prison with 3 years of mandatory parole and/or
• a fine of $5,000 to $1,000,000.⁴

Theft Against an “At-Risk” Person

In Colorado, “at-risk” people generally comprise:

• At-risk adults: a person who is at least 70 or who is at least 18 and has a disability.
• At-risk adult with IDD: a person who is at least 18 and has an intellectual and developmental disability.
• At-risk elder: a person who is at least 70.
• At-risk juvenile: a person who is under 18 and has a disability.

Colorado law provides increased penalties for theft against anyone classified as an “at-risk” person if:

• The theft is committed in the victim’s presence; or
• The person committing the theft is acting in a position of trust to the at-risk person; or
• The person committing the theft knows that the victim is an at-risk person.

Theft against an at-risk person is generally a class 5 felony if the value of the property or services is less than $500. Punishments can include possible restitution payments as well as:

• 1 to 3 years in prison with 2 years of mandatory parole and/or
• a fine of $1,000 to $100,000.

If the value of the thing or services taken is $500 or more, theft from an at-risk person generally becomes a class 3 felony. Consequences can include possible restitution payments as well as:

• 4 to 12 years in prison with 3 years of mandatory parole and/or
• a fine of $3,000 to $750,000.⁵

Theft by Means Other than Force, Threat, or Intimidation (“Pickpocketing”)

Pickpocketing is the informal name for “theft by means other than force, threat, or intimidation” in Colorado. Pickpocketing is always a felony, even if the stolen item(s) is not worth much money. A common example includes taking a wallet out of a person’s pocket without the person knowing.

Note that punishments are harsher if the victim is an “at-risk” person (as defined in the prior subsection). Pickpocketing an “at-risk” person is a class 4 felony, carrying possible restitution as well as:

• 2 to 6 years in prison with 3 years of mandatory parole and/or
• a fine of $2,000 to $500,000.

Otherwise, pickpocketing is a class 5 felony, carrying possible restitution as well as:

• 1 to 3 years in prison with 2 years of mandatory parole and/or
• a fine of $1,000 to $100,000.⁶

Attempted Theft

Failed attempts to steal property or services are generally charged slightly less harshly than thefts that succeeded, as the following table shows:

Attempted Felony Larceny Crime	Colorado Penalties
class 6 felony: theft of $2,000 to less than $5,000 in property; or theft of a firearm.	class 6 felony: 1 to 1 ½ years in prison (with 1 year of mandatory parole) and/or $1,000 to $100,000 in fines
class 5 felony: theft of $5,000 to less than $20,000; or theft by means other than force, threats, or intimidation; or theft of less than $500 from an “at-risk” person.	class 6 felony: 1 to 1 ½ years in prison (with 1 year of mandatory parole) and/or $1,000 to $100,000 in fines
class 4 felony: theft of $20,000 to less than $100,000 in property; or theft of an “at-risk” person by means other than use of force, threats, or intimidation.	class 5 felony: 1 to 3 years in prison (with 2 years of mandatory parole) and/or $1,000 to $100,000 in fines
class 3 felony: theft of $100,000 to less than $1,000,000 in property; or theft of $500 or more from an “at-risk” person.	class 4 felony: 2 to 6 years in prison (with 3 years of mandatory parole) and/or $2,000 to $500,000 in fines
class 2 felony: theft of $1 million or more.	class 3 felony: 4 to 12 years in prison (with 3 years of mandatory parole) and/or $3,000 to $750,000 in fines

Read further about Colorado criminal attempts.⁷

Petty and Misdemeanor Theft

Wrongfully taking less than $300 worth of money, goods, or services is a petty offense, carrying possible restitution and:

• up to 10 days in jail (or probation) and/or
• a fine of up to $300.

Wrongfully taking money, goods, or services worth $300 to less than $1,000 is a class 2 misdemeanor. This carries possible restitution and:

• up to 120 days in jail and/or
• up to $750 in fines.

If the value is $1,000 to less than $2,000, defendants face theft charges for a class 1 misdemeanor. This carries possible restitution and:

• up to 364 days in jail and/or
• a fine of up to $1,000. 

In some misdemeanor cases, the judge may grant probation instead of jail.⁸

4. Defenses

Here at Colorado Legal Defense Group, we have represented countless people charged with felony theft. In our experience, the following three defenses have proven very effective with prosecutors, judges, and juries at getting these charges reduced or dismissed. 

1) The Defendant Was the Sole Owner of the Property.

There is no such thing as a sole property owner stealing that property. Sole owners do not need other people’s permission to take the property unless other people have an interest in it, such as lessees.

In our experience, ownership is not always clear when property is shared by spouses, relatives, roommates, or business partners. We examine receipts, titles, contracts, bank records, messages, and witness statements for evidence that our client owned the property outright.

2) The Defendant had no Intent to Take the Property

Colorado law makes theft an “intent offense.”⁹ Consequently, defendants should avoid conviction if the prosecutors fail to show that the defendants deliberately took the property:

Example: After working all night in Colorado Springs, Henry is bleary-eyed and mistakenly takes his roommate’s wallet instead of his own. Certainly Henry is legally obligated to return the wallet, but he committed no theft offense because he genuinely believed he was grabbing his own wallet.

Since intent is invisible and intangible, the D.A. frequently has trouble proving what a defendant is truly thinking. If the prosecution cannot prove the required intent beyond a reasonable doubt, the defendant should be acquitted.

3) The Search was Unconstitutional

When police conduct an unlawful search or seizure, any evidence they find is “tainted.” In this situation, we would file a motion to suppress asking the judge to disregard all the tainted evidence.

If the judge grants the motion, then the state may be left with insufficient evidence to continue with the prosecution. Note that unlawful police searches commonly occur when:

• the police failed to get a search warrant,
• the search warrant was invalid (such as by being too broad), or
• the police did not have a lawful reason to search without securing a warrant first (such as there being an emergency that made getting a warrant unrealistic)

Reduction in Charges

Depending on the case, we may be able to persuade prosecutors to reduce the felony theft charges to a lesser crime by showing that either: 

• the allegedly stolen property is not as valuable as what the prosecution initially claimed in the complaint; or
• the victim was not “at-risk”; or
• the defendant did not involve pickpocketing. 

5. Related Offenses

• Robbery (C.R.S. 18-4-301)
• Burglary (C.R.S. 18-4-202 – 204)
• Motor Vehicle Theft (C.R.S. 18–4–409)
• Identity Theft (C.R.S. 18–5–902)
• Deceptive Sales (C.R.S. 18-4-401)
• Theft of Trade Secrets (C.R.S. 18–4–408)
• Theft of Cable Television Service (C.R.S. 18-4-701)
• Theft of Sound Recordings (C.R.S. 18-4-601)

Frequently Asked Questions

Can services be stolen under Colorado law?

Yes. Colorado theft law covers anything of value belonging to another person, which can include money, physical property, labor, and services. Theft occurs when someone knowingly obtains or controls the thing of value without authorization—or through threat or deception—and has one of the intents listed in C.R.S. 18-4-401.

In our experience, people sometimes assume theft requires physically carrying something away. It does not. Cases may involve unpaid services, diverted funds, fraudulently obtained benefits, rental property that was never returned, or property received while knowing it was stolen.

How is theft different from robbery in Colorado?

Theft does not require force, threats, or intimidation. Robbery occurs when someone knowingly takes something of value from another person—or in that person’s presence—by using force, threats, or intimidation. Robbery is therefore a separate offense under C.R.S. 18-4-301 and is always a felony.

In practice, the dividing line can depend on exactly what happened during the taking. Quietly taking merchandise may support a theft charge, while threatening or using force against an employee or owner may turn the incident into the much more serious offense of robbery.

How is theft different from burglary in Colorado?

Theft concerns unlawfully taking or controlling something of value. Burglary generally concerns unlawfully entering or remaining in a building or other protected place with the intent to commit another crime inside. A person can therefore be charged with burglary even if no property was ultimately stolen.

We often see theft and burglary charged together when prosecutors claim someone entered a home, business, or other location intending to steal. Challenging proof of that intent is important because merely being somewhere without permission does not automatically prove burglary.

Can a store sue someone accused of shoplifting in Colorado?

Yes. Under C.R.S. 13-21-107.5, an adult or emancipated minor who shoplifts may owe the merchant its actual damages plus a civil penalty of $100 to $250. The parents or guardian of an unemancipated minor may face the same liability. A criminal conviction is not required before the store brings this civil claim.

In our experience, this means a person may receive a civil demand letter even when the merchandise was recovered, or the criminal case is still pending. Paying the demand does not necessarily dismiss the criminal charge, so it is wise to have an attorney review the letter before responding.

Can a Colorado felony theft conviction affect employment or a professional license?

Yes. A felony theft conviction becomes part of the person’s criminal record and may affect employment, occupational licensing, security clearances, housing, and other opportunities. A licensing board may consider whether the offense relates to the profession and whether it involves dishonesty, although the consequences depend on the particular license and governing rules.

From what we have seen, these collateral consequences can last much longer than the court sentence. For many defendants—especially nurses, contractors, teachers, financial professionals, and other licensed workers—protecting the person’s career is an important part of plea negotiations.

Can felony theft cause immigration problems?

Yes. A theft conviction may be treated as a crime involving moral turpitude, and certain theft offenses can qualify as aggravated felonies when the imposed sentence meets federal requirements. Possible consequences include deportation, inadmissibility, detention, or difficulty obtaining citizenship or lawful status.

In practice, immigration consequences depend on the precise theft statute, plea language, sentence, and the defendant’s immigration history. A noncitizen should have both criminal defense and immigration counsel review any proposed plea before accepting it.

Additional Resources

If you are a compulsive “lifter,” you can find help here:

• Kleptomaniacs And Shoplifters Anonymous, LLC (CASA) – Secular weekly self-help group.
• Shoplifting Prevention (Adult) – Paid course by CBTclasses.
• Recoveries Anonymous – 12-step programs for shoplifting.
• Help for Shoplifters – Support group and toolkits provided by the Shulman Center.
• How to Overcome Kleptomania – Six steps provided by The Recovery Village.

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