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Theft, Fraud & Property Crimes

By Attorney Charles E. Liken Jr., former Colorado Deputy District Attorney. From a shoplifting ticket to a felony fraud case — Colorado theft defense, by the numbers.

Charles E. Liken Jr., Esq. — On the Legal Front Lines · Former Government Investigator, Denver Human Services · Licensed Colorado Attorney · 20+ Years in Private Practice · Former Colorado Deputy District Attorney · Colorado Court-Appointed Child and Family Investigator

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In Colorado, the dollar figure is the charge

Colorado grades theft almost entirely by value (C.R.S. § 18-4-401) — the same conduct is a petty offense at one number and a serious felony at another, and prosecutors can aggregate. Where the value, the intent, and the evidence actually land is what these cases turn on.

Theft by value — the C.R.S. § 18-4-401 tiers, from under $300 (petty) up to $1M+ (class 2 felony), plus how the DA aggregates separate incidents.
Shoplifting & retail theft — the civil demand letter, diversion, and seeking to avoid a permanent record where the law allows.
Fraud & white-collar — check fraud, identity theft (C.R.S. § 18-5-902), forgery, and financial-crime exposure.
Burglary, trespass & criminal mischief — property crimes and the enhancements that raise the stakes.
Diversion & deferred judgments — the routes to a dismissal and, later, a sealed record.
The investigator’s defense — intent, valuation, and chain of custody are the issues Attorney Liken reviews first, drawing on his prosecutor and investigator background.

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Protect the record, not just the case

A theft conviction is a scarlet letter on every future background check. The goal is the outcome that keeps it off — diversion, a reduction, or a dismissal that can later be sealed.

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Common Questions

Frequently asked questions

How does Colorado decide if theft is a felony or a misdemeanor?

Largely by dollar value. Colorado's theft statute (C.R.S. § 18-4-401) uses a sliding scale — low-value thefts are petty offenses or misdemeanors, and the charge climbs to a felony as the value rises. The firm scrutinizes how the State arrived at that value.

What are the penalties for a theft conviction?

They range from fines and a petty-offense record to years in prison for high-value or repeat felony theft, plus restitution. Beyond the sentence, theft is treated as a crime of dishonesty that can haunt job applications, which is why fighting it, or later sealing it, matters.

Can theft charges be reduced or dismissed?

Sometimes, depending on the evidence; no lawyer can promise a result. Weaknesses in proof of intent, disputes over value, ownership questions, and search-and-seizure issues all create leverage. A former prosecutor knows where these cases are vulnerable.

Will a theft charge stay on my record?

A conviction stays until it is sealed. If your case is dismissed or you are acquitted you may be able to seal it quickly; convictions may become eligible later under Colorado's sealing rules.

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Charles E. Liken Jr., Esq.
Attorney & Counselor at Law

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