“Misdemeanor Theft” in Colorado – Laws & Penalties

In Colorado, the crime of theft is treated as a misdemeanor if the value of the stolen property is from $300.00 to $2000.00. If the value is less than $300, then it is a less-serious petty offense. If the value exceeds $2000.00, then it can be charged as a more serious felony offense. The punishment for misdemeanor theft depends on the value of the money or goods that are stolen. See the penalty chart below:

Price of stolen property	Type of misdemeanor and penalties
$300 to less than $1,000	class 2 misdemeanor in Colorado Up to 120 days in jail, and/or $Up to 750 in fines
$1,000 to less than $2,000	class 1 misdemeanor in Colorado Up to 364 days in jail, and/or Up to $1,000 in fines

The judge may also order you to pay victim restitution in Colorado. Additionally, you may be able to serve probation in Colorado in lieu of incarceration as part of a Colorado plea deal. Common examples of misdemeanor larceny offenses may include:

• the Colorado crime of shoplifting,
• the Colorado crime of embezzlement,
• the Colorado crime of passing bad checks,
• theft by the Colorado crime of extortion, and
• theft by fraud, false pretenses and deception

Depending on the case, you may be able to fight theft charges by arguing either:

1. the property belonged solely to you,
2. you did not intentionally take the property, or
3. the police committed misconduct

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

• 1. Elements
• 2. Penalties
• 3. Defenses
• 4. Related Offenses

Also see our articles on petty theft in Colorado and felony theft in Colorado.

1. Elements

Misdemeanor theft (larceny) under Colorado law occurs when you steal another person’s property valued at $300 or less. Shoplifting is one of the most common types of larceny, but many different scenarios qualify as theft under section 18-4-401 of the Colorado Revised Statutes (C.R.S.). These include:

• taking another’s property under the guise of borrowing it but with no intention of returning it
• taking another’s property through deception, such as promising to pay for a good or service but never paying
• taking a loan and purposely not paying it back within 72 hours of the agreed-upon time to return it

Note that you can be convicted of stealing property you co-own if you do not get authorization from the co-owner(s) first.¹

2. Penalties

Theft of anything worth $300 or more but less than $2,000 is a misdemeanor in Colorado. Consequences of misdemeanor theft range from:

• probation to 364 days in jail and/or a fine of up to $1,000, and
• restitution payment to the victim

Predictably, judges are more likely to grant probation instead of jail if you have no criminal records.²

Sentencing Ranges

The specific penalty range for misdemeanor larceny in Colorado turns on the value of the property allegedly stolen. Ifyou allegedly committed multiple thefts within a six (6)-month period, prosecutors may add together the values of all the stolen items and charge you with just one theft count.³ Note that courts are supposed to determine value on a reasonable basis and not pure speculation.⁴ Also note it is automatically a felony to pick-pocket or to steal from a disabled or elderly person, even if the stolen items are worth less than $2,000. Learn more about Colorado felony theft laws.

$300-$999.99: Class 2 Misdemeanor

Theft of property worth at least $300 but less than $1,000 is a class 2 misdemeanor in Colorado. The sentence is:

• 120 days in jail and/or a fine of up to $750, and
• restitution payment to the victim

Depending on the case, the judge may grant probation instead of jail.

$1,000-$1,999.99: class 1 misdemeanor

Theft of property worth at least $1,000 but less than $2,000 is a class 1 misdemeanor in Colorado. The sentence is:

• up to 364 days in jail and/or a fine of up to $1,000, and
• restitution payment to the victim

Depending on the case, the judge may grant probation instead of jail.⁵

Penalties for Attempts

Attempted larceny of items worth $300 to less than $2,000 is a class 2 misdemeanor. Penalties are up to 120 days in jail and/or up to $750 in fines.⁶ Learn more about Colorado criminal attempts.

Penalties for Petty Theft and Felony Theft

Stealing less than $300 worth of property is a petty offense, carrying:

• up to 10 days in jail and/or a fine of up to $300, and
• restitution payment to the victim

The judge may grant probation in lieu of jail for Colorado petty offenses. Meanwhile, theft of anything worth $2,000 or more is a felony. Depending on the value of the item(s), Colorado felony theft can be punished by:

• one to twenty-four (1 – 24) years in Colorado State Prison and/or fine of $1,000 to $1,000,000, and
• restitution payment to the victim

Depending on the case, the judge may grant probation in lieu of prison.⁷

3. Defenses

The most effective defense to Colorado theft charges always turns on the unique circumstances of the case and what kind of property is at issue. Some typical defense arguments are:

1. You were the sole owner of the property,
2. You did not knowingly take the property, or
3. The police committed misconduct

It also may be possible to get criminal charges for larceny reduced by showing that the property is actually less valuable than the prosecution claimed it was in the complaint.

1) You Were the Sole Owner of the Property

It is impossible for you to steal something that belongs solely to you. Evidence of ownership may include:

• sales or resale receipts
• title documents
• contracts

If the defense attorney can show that you were the sole owner of the property at issue, the theft charges should be dropped.

2) You Had No Intent to Take the Property

Theft is an intent crime in Colorado.⁸ Therefore, you are not criminally liable for theft if you genuinely did not realize you took the property:

Example: Janice is rushing to get to work and grabs her roommate Tara’s iPad by mistake. Later Tara sees that her iPad is gone and reports it stolen. But since Janice did not realize the iPad was not hers, Janice committed no crime. Instead, she would just be civilly obligated to return the iPad.

Your intent is often difficult for prosecutors to prove beyond a reasonable doubt because there is no way to see what is going on inside your head. As long as there insufficient evidence to show that you had intent to permanently deprive the victim of their property, a conviction cannot stand.

3) Police Committed Misconduct

Police have strict rules to follow when conducting searches and seizures under Colorado law. If law enforcement crossed the line by failing to get a Colorado search warrant — or not having a lawful reason to search without a warrant — then you may have legal recourse: The defense attorney can file a motion to suppress evidence in Colorado, which explains to the judge that the state’s evidence was tainted by the unlawful search. If the judge agrees and disregards the tainted evidence, the D.A. may drop the case for lack of proof.

4. Related Offenses

It is common for larceny suspects to face prosecution for theft as well as related crimes, such as:

• Robbery – 18-4-301, C.R.S.
• Burglary – 18-4-202-18-4-204 C.R.S.
• Deceptive sales – 18-4-401 S.R.S.
• Theft of Trade Secrets – 18–4–408 C.R.S.
• Motor Vehicle Theft – 18–4–409 C.R.S.
• Identity Theft — 18–5–902. C.R.S.

Call us for help…

Arrested in Colorado for misdemeanor larceny? Contact our Denver criminal defense attorneys for a free consultation. We defend clients throughout the state, including Denver, Colorado Springs, Greeley, and more. You can reach us by filling out the confidential form on this page, or by calling us at our Denver home office: Colorado Legal Defense Group 140 E 19th Avenue, Suite 500 Denver, Colorado 80203 Arrested in California? See our articles on California petty theft laws and California grand theft laws. Arrested in Nevada? See our articles on Nevada petit larceny laws and Nevada grand larceny laws.

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