Shoplifting Charges in Colorado: When Does It Become a Felony?

If you or someone you know has been accused of shoplifting in Colorado Springs, Castle Rock, Denver, Highlands Ranch, or surrounding areas including Teller county and southern Colorado, understanding the potential consequences is essential. Many first-time offenders are shocked to learn that what they thought was a minor mistake can result in serious criminal charges with lasting impacts on employment, housing, and personal reputation.

This comprehensive guide explains Colorado’s shoplifting laws, when retail theft becomes a felony, and what first-time offenders need to know about protecting their rights and future in Colorado’s court system. If you need immediate assistance, contact a Colorado criminal defense attorney for a consultation.

Understanding Shoplifting Under Colorado Law

In Colorado, shoplifting falls under the state’s theft statutes. According to C.R.S. 18-4-401, a person commits theft when they knowingly obtain or exercise control over someone else’s property without authorization or by deception, with the intent to permanently deprive the owner of its use or benefit. For information on how theft charges differ from other property crimes, see our guide on burglary vs theft in Colorado.

Retail theft, commonly known as shoplifting, encompasses several actions:

• Taking merchandise from a store without paying
• Altering or removing price tags to pay less than the actual price
• Transferring merchandise from one container to another to avoid paying full price
• Concealing merchandise with the intent to leave the store without paying
• Under-ringing merchandise at self-checkout

How Colorado Classifies Shoplifting Charges

The key factor determining whether shoplifting is charged as a misdemeanor or felony in Colorado is the value of the stolen merchandise. Colorado law establishes clear thresholds that apply consistently across Arapahoe, Denver, Douglas, El Pason, Fremont, Jefferson, Pueblo, Teller, and all other county jurisdictions:

Misdemeanor Shoplifting Charges

Class 2 Misdemeanor (Property value $300 to $999)

• Maximum penalty: 120 days in jail
• Fine: Up to $750
• This applies to incidents involving lower-value items

Class 1 Misdemeanor (Property value $1,000 to $1,999)

• Maximum penalty: 364 days in jail
• Fine: Up to $1,000
• For incidents involving more valuable merchandise

For more information about how Colorado handles these cases, see our guide on Colorado misdemeanor defense.

Felony Shoplifting Charges

• Class 6 Felony: $2,000 to $5,000)
• Class 5 Felony: $5,000 to $20,000
• Class 4 Felony: $20,000 to $100,000
• And so on, with increasingly severe penalties

When Does Shoplifting Become a Felony in Colorado?

The critical threshold is $2,000. Once the value of stolen property exceeds $2,000, shoplifting charges elevate from a misdemeanor to a Class 6 felony. This can happen through:

1. Single Incident: Stealing one or more items totaling more than $2,000 in a single shopping trip
2. Aggregate Value: Multiple shoplifting incidents at the same store or store chain within a certain timeframe may be combined to reach felony thresholds

What First-Time Shoplifters in Colorado Need to Know

Immediate Consequences

If you’re caught shoplifting by store security or law enforcement in Colorado Springs, Castle Rock, Denver, Highlands Ranch, or surrounding areas:

1. Detention: Store security personnel may detain you if they have reasonable suspicion of theft. They must follow proper procedures and cannot use excessive force.
2. Police Involvement: For felony-level thefts or if the store policy requires it, law enforcement will be called. You may be arrested and taken into custody.
3. Criminal Charges: The local district attorney’s office will review the case and determine whether to pursue formal charges.
4. Civil Demand Letters: In addition to criminal charges, retailers in Colorado can pursue civil recovery for shoplifting. You may receive a letter demanding payment for damages, even if criminal charges are dropped.

Long-Term Impacts of a Shoplifting Conviction

Even a first-time misdemeanor shoplifting conviction can have serious consequences in Colorado:

Employment: Many Colorado employers conduct background checks, and theft convictions can result in:

• Disqualification from positions involving cash handling, inventory management, or positions of trust
• Termination from current employment
• Difficulty obtaining professional licenses in Colorado
• Impact on employment opportunities as outlined by the Colorado Department of Labor and Employment

Housing: Landlords in Colorado Springs and throughout the Denver metro area frequently reject rental applications from individuals with theft convictions on their record.

Education: Colorado colleges and universities may deny admission or revoke enrollment based on theft convictions.

Professional Reputation: For individuals in fields requiring ethical standards (finance, healthcare, education, law), a theft conviction can be career-ending.

Defense Strategies for First-Time Shoplifting Charges in Colorado

If you’re facing shoplifting charges in Colorado, several defense strategies may apply to your case. An experienced Colorado theft defense attorney can evaluate which approaches are most appropriate:

Constitutional Defenses

Illegal Search or Detention: If law enforcement violated your Fourth Amendment rights during the stop, search, or detention, evidence may be suppressed.

Miranda Rights Violations: If you were in custody and questioned without being advised of your Miranda rights, statements you made may be inadmissible in Colorado courts.

Factual Defenses

Lack of Intent: Shoplifting requires proof that you intended to permanently deprive the store of merchandise. If you accidentally forgot to pay for an item or didn’t realize it was in your cart, this may be a viable defense.

Mistaken Identity: Store surveillance footage may be unclear, or security personnel may have misidentified you.

Ownership or Authorization: You believed you had permission to take the item, or you owned the merchandise in question.

Insufficient Evidence: The prosecution must prove every element of the offense beyond a reasonable doubt. Weak evidence may result in reduced or dismissed charges.

Value Disputes

In cases near the felony threshold, challenging the claimed value of merchandise can mean the difference between a misdemeanor and felony charge. Defense attorneys in Colorado can:

• Request independent appraisals of the merchandise
• Challenge inflated retail prices versus actual market value
• Question the methodology used to calculate losses

Alternative Sentencing and Diversion Programs for First-Time Offenders

Colorado recognizes that first-time, non-violent offenders may benefit more from rehabilitation than incarceration. Several programs are available in in many Colorado counties including Arapahoe, Denver, Douglas, El Paso, Fremont, Jefferson, Pueblo, and Teller:

Deferred Judgment in Colorado

In a deferred judgment agreement, the defendant pleads guilty, but the judge delays entering judgment. If the defendant successfully completes probation (typically 6-24 months), including any required classes, community service, and restitution, the charges are dismissed. This allows first-time offenders to avoid a criminal conviction on their record.

Pretrial Diversion

Some Colorado jurisdictions offer pretrial diversion programs where charges are held in abeyance while the defendant completes community service, theft education classes, or counseling. Successful completion results in dismissed charges.

Plea Agreements

Even when diversion isn’t available, experienced Colorado defense attorneys in Colorado Springs, Castle Rock, Denver, or Highlands Ranch can often negotiate plea agreements that reduce charges, minimize penalties, or provide alternative sentencing options such as:

• Probation instead of jail time
• Community service
• Theft education programs
• Restitution to the victim

Specialty Courts in Colorado

Several Colorado counties have developed problem-solving courts that focus on addressing underlying issues rather than punishment:

• Mental Health Court: Available for defendants whose mental health conditions contributed to the offense
• Veterans Court: Specialized services for military veterans
• Drug Court: Often available if substance abuse played a role in the incident

What to Do If You’ve Been Accused of Shoplifting in Colorado

If you’ve been stopped, detained, or charged with shoplifting in Colorado Springs, Castle Rock, Denver, Highlands Ranch, or anywhere in Colorado, taking the right steps immediately can significantly impact your case outcome:

1. Exercise Your Right to Remain Silent

Do not make statements to store security or law enforcement without an attorney present. Anything you say can and will be used against you in Colorado court. Politely decline to answer questions and request an attorney.

2. Do Not Sign Anything

Store personnel may ask you to sign statements, admissions, or civil demand agreements. Do not sign anything without first consulting with a Colorado criminal defense attorney.

3. Document Everything

Make detailed notes about:

• What happened leading up to the accusation
• How store security or police approached and detained you
• What was said during the encounter
• Any witnesses present
• Your mental state and intentions at the time

4. Preserve Evidence

If you have receipts, credit card statements, text messages, or any other evidence that might support your case, preserve it immediately.

5. Contact a Colorado Criminal Defense Attorney Immediately

The sooner you retain an experienced Colorado defense attorney the better your chances of achieving a favorable outcome. Our attorneys practice in several Colorado counties including Arapahoe, Denver, Douglas, El Paso, Fremont, Jefferson, Pueblo, and Teller. Attorneys at Right Law Group can:

• Review the evidence against you
• Identify weaknesses in the prosecution’s case
• Negotiate with prosecutors before final plea offers are made 
• Advise you on the best course of action for your specific situation
• Represent you at all court appearances

Shoplifting Defense Across Colorado: County-Specific Procedures

Understanding how different Colorado counties handle shoplifting cases can help you prepare for what’s ahead:

El Paso County (Colorado Springs)

• Court Venues: Colorado Springs Municipal Court (city ordinance violations), El Paso County Court (misdemeanors), 4th Judicial District Court (felonies)
• District Attorney: 4th Judicial District Attorney’s Office
• First-Offender Programs: Deferred judgment commonly offered; theft education classes available
• Typical Processing Time: 3-6 months for misdemeanors

Douglas County (Castle Rock)

• Court Venues: Douglas County Court (misdemeanors), 23rd Judicial District Court (felonies)
• District Attorney: 23rd Judicial District Attorney’s Office
• First-Offender Programs: Diversion available; community service emphasized
• Typical Processing Time: 4-8 months for misdemeanors

Arapahoe County (Highlands Ranch, Littleton)

• Court Venues: Various municipal courts, Arapahoe County Court, 18th Judicial District Court
• District Attorney: 18th Judicial District Attorney’s Office (shared with Douglas County)
• First-Offender Programs: Deferred prosecution available for qualifying cases
• Typical Processing Time: 3-7 months for misdemeanors

Denver County (Denver)

• Court Venues: Denver County Court (misdemeanors), 2nd Judicial District Court (felonies)
• District Attorney: Denver District Attorney’s Office
• First-Offender Programs: Pretrial diversion and deferred judgment available; extensive community service options in metro Denver
• Typical Processing Time: 4-8 months for misdemeanors
• Special Considerations: Denver processes high volume of retail theft cases; shopping districts like 16th Street Mall, Cherry Creek, and Park Meadows see frequent shoplifting arrests

Frequently Asked Questions About Shoplifting Charges in Colorado

When does shoplifting become a felony in Colorado?

In Colorado, shoplifting becomes a Class 6 felony when the value of stolen property exceeds $2,000. Below this threshold, charges are classified as misdemeanors. This applies consistently across El Paso County, Douglas County, Arapahoe County, and all Colorado jurisdictions.

What happens if you get caught shoplifting for the first time in Colorado?

First-time shoplifters in Colorado may be eligible for diversion programs, deferred judgment, or reduced charges depending on the value of merchandise stolen and specific circumstances of the case. Courts in Colorado Springs, Castle Rock, and Highlands Ranch may offer first-time offender programs that can result in dismissed charges upon successful completion.

Can first-time shoplifting charges be dismissed in Colorado?

Yes, first-time shoplifting charges can be dismissed in Colorado through pretrial diversion programs or deferred judgment agreements. If the defendant successfully completes those programs including community service, restitution, and theft education classes, charges are typically dismissed with no criminal conviction on your record.

How much does a shoplifting defense attorney cost in Colorado?

Shoplifting defense attorney fees in Colorado Springs, Castle Rock, and Highlands Ranch typically range from $1,500 to $6,000 for misdemeanor cases, depending on complexity. Many attorneys offer payment plans. The investment in experienced legal representation can save thousands in fines, lost income, and long-term consequences.

Will a shoplifting charge show up on a background check in Colorado?

Yes, shoplifting charges and convictions appear on Colorado Bureau of Investigation background checks. However, if you successfully complete a deferred judgment or diversion program resulting in dismissed charges, you may be eligible to seal your Colorado criminal record, preventing it from appearing on most background checks. 

Do I need a lawyer for a first-time shoplifting charge in Colorado?

While not legally required, hiring an experienced Colorado criminal defense attorney significantly improves your chances of avoiding conviction, accessing diversion programs, and protecting your future. The Colorado Bar Association has services to find a lawyer you can consult with before entering any plea or making statements to prosecutors. Of course, you can always contact the attorneys at Right Law Group for a free consultation. Colorado prosecutors take theft charges seriously, and navigating these cases without legal representation puts you at a disadvantage.

What is a civil demand letter for shoplifting in Colorado?

A civil demand letter is a notice from a retailer in Colorado demanding payment for damages related to shoplifting, separate from criminal proceedings. Colorado law allows retailers to pursue civil recovery even if criminal charges are dropped. These letters typically demand $100-$500 plus the value of merchandise. Consult with a Colorado attorney before responding. Read more about what happens when retailers pursue shoplifting cases.

Protecting Your Rights and Your Future in Colorado

Being charged with shoplifting in Colorado Springs, Castle Rock, Highlands Ranch, or anywhere in Colorado, even as a first-time offender, is a serious matter that demands professional legal representation. The distinction between a misdemeanor and felony can dramatically impact your life trajectory, and even misdemeanor convictions carry consequences that extend far beyond any jail time or fines.

Many Colorado courts offer opportunities for first-time offenders to avoid convictions through diversion programs, deferred judgments, and other alternatives. Accessing these options may be easier with a skilled defense attorney who understands the local courts, prosecutors, and available programs.

Don’t let a momentary lapse in judgment define your future. If you or someone you know is facing shoplifting charges in Colorado, taking immediate action to secure experienced legal representation is essential.

[TOC]

Contact a Colorado Shoplifting Defense Attorney

If you’ve been charged with shoplifting in Colorado, don’t face these charges alone. Right Law Group has offices conveniently located throughout the Colorado Front Range, including Colorado Springs, Castle Rock, Denver, and Highlands Ranch.

Free Consultation: Call (719) 628-5086 or schedule your free consultation online. 

Payment Plans Available: We understand that legal fees can be a burden. Ask about our flexible payment plan options for shoplifting defense.

Disclaimer: This article is provided for informational purposes only and does not constitute legal advice. The information contained herein is accurate to the best of our knowledge as of October 2025 but may not reflect the most current legal developments. Each case is unique, and outcomes depend on specific facts and circumstances. Laws and court procedures may vary by county and jurisdiction within Colorado. If you are facing criminal charges, consult with a qualified Colorado criminal defense attorney to discuss your specific situation.

Colorado Bar Advertising Disclaimer: The choice of a lawyer is an important decision and should not be based solely upon advertisements. Past results do not guarantee future outcomes. No attorney-client relationship is created by reading this article or contacting our firm for a consultation.