Being accused of shoplifting can be a scary experience – especially if you believe it was a misunderstanding or an outright false allegation.
Whether you were caught in the act or wrongly accused, facing legal charges for theft can have serious consequences, including fines, probation, or even jail time.
If you are dealing with a shoplifting accusation, knowing your legal rights and how to mount a strong defense is critical.
Shoplifting is classified as theft under Colorado Revised Statutes § 18-4-401, a law that defines theft as the “unlawful taking of another person’s property with the intent to permanently deprive the owner of it.”
This could involve:
Colorado law categorizes theft offenses based on the value of the stolen goods:
This means that the criminal penalties for shoplifting convictions are based on the value of the item or items that were shoplifted.
In Colorado, the following shoplifting consequences currently apply:
1. Shoplifting items is a petty offense if the value of the thing involved is less than $300, punishable with up to ten days in jail and a $300 fine.
2. Shoplifting items is a class 2 misdemeanor if the value of the thing involved is $300 or more but less than $1,000, punishable with up to 120 days in jail and a $750 fine.
3. Shoplifting items ia a class 1 misdemeanor if the value of the thing involved is $1,000 or more but less than $2,000, punishable with up to 364 days in jail and a $1,000 fine.
Even a minor shoplifting conviction that leads to a criminal record can affect employment opportunities, housing applications, and your personal reputation.
If you’ve been accused of a crime like shoplifting, acting quickly and strategically can make a significant difference in how your case unfolds.
Whether you believe the accusation was a misunderstanding or you simply made a mistake, taking the right steps can help protect your rights and minimize consequences.
For example:
If a store employee or security guard approaches you with a shoplifting allegation, do not argue, resist, or flee.
This will only escalate the situation and may result in additional legal charges.
Stay calm, comply with instructions, and politely decline to discuss anything until you speak with an attorney.
Under the Fifth Amendment, you are not required to explain yourself to store employees, security personnel, or law enforcement without legal representation.
Anything you say can be used against you, even if you believe you’re innocent.
Some stores ask accused individuals to sign written statements admitting guilt or agreeing to pay fines. Signing these documents could hurt your defense and be used as evidence of guilt in court.
Do not sign anything before consulting an attorney.
If you believe you were wrongly accused, start gathering evidence as soon as possible:
The following are all items that can help prove your innocence:
A skilled defense attorney will review your case, evaluate the evidence against you, and determine the best way to fight the charges.
They can also help you to negotiate reduced penalties if it turns out there are weaknesses in the prosecution’s case, procedural errors, or mitigating circumstances that could lead to a more favorable outcome.
Defense attorneys can also advise you on whether accepting a plea deal is in your best interest or if you should take your case to trial.
Being accused of shoplifting can be overwhelming – but you certainly don’t have to fight this battle alone.
At Geigle | Morales, our team of skilled criminal defense attorneys has extensive experience defending clients against shoplifting and theft charges in Colorado.
We understand the serious impact a shoplifting conviction can have, and we’re committed to helping you fight for justice.
Don’t let a shoplifting charge change the trajectory of your life.
Contact us today so we can work together toward the best possible outcome for your case.