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Penalties for a theft conviction vary based on the value of the property taken.  Theft can be classified as a petty, misdemeanor or felony offense.  There are also different levels of petty, misdemeanor and felony offenses under Colorado law.  The circumstances of the allegations can also have an impact on the penalties.  For example, a conviction for theft of property directly from a person, considered robbery and theft, carries a harsher penalty than theft of property that is not taken directly from a person.   Likewise, theft by use of a weapon increases a charge to aggravated robbery, and a threat or act of intimidation carries a harsher sentence than mere theft(see Colorado Revised Statutes 18-4-301). These increased charges can lead to higher sentences that require a mandatory prison or jail sentence (see Colorado Revised Statutes 18-4-401(2)).  

Restitution will always be a central component of a theft case, as the district attorney considers "making the victim whole" part of his or her job responsibility. Addressing the restitution with the district attorney can have a positive impact on the outcome of the case.

The following chart lists the value of the property taken, the level of charge, the potential jail or prison sentence and the fines:

 

Value of Theft for Property or Services

 

Class of Penalty

 

Possible Prison or Jail Sentence

 

Possible Fines

 

Mandatory Parole After Release

 

 

Less than $50

 

 

Petty

 

0 to 6 Months

 

or, not more than $500

 

Not applicable

 

 

$50 to less than $300

 

 

Class 3 Misdemeanor

 

0 to 6 Months

 

$50-$750

 

Not Applicable

 

 

$300 to less than $750

 

 

Class 2 Misdemeanor

 

3 Months to 1 Year

 

$150-$1,000

 

Not Applicable

 

$750 to less than $2,000

 

Class 1 Misdemeanor

 

6 Months to 18 Months

 

$500-$5000

 

Not Applicable

 

$2,000 to less than $5,000

 

Class 6 Felony

 

1 Year to 18 Months

 

$1,000-$10,000

 

1 Year After Release

 

 

$5,000 to less than $20,000

 

 

Class 5 Felony

 

1 Year to 3 Years

 

$1,000-$100,000

 

1 Year After Release

 

$20,000 to less than $100,000

 

Class 4 Felony

 

2 Years to 6 Years

 

$2,000-$500,000

 

3 Years After Release

 

$100,000 to less than $1,000,000

 

Class 3 Felony

 

4 Years to 12 Years

 

$3,000-$750,000

 

5 Years After Release

 

$1,000,000 or more

 

 

Class 2 Felony

 

8 Years to 12 Years

 

$5,000-$1,000,000

 

5 Years After Release

In each of the above penalties mitigating or aggravating circumstances may exist, decreasing or increasing the imprisonment period.

Charged with a crime? Black & Graham can help. Free consultation

(719) 328-1616

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