Robbery
CRS § 18-4-301 defines robbery as occurring when “a person knowingly takes anything of value from the person or presence of another by the use of force, threats, or intimidation.” The critical distinction here is that robbery involves the use of force, while theft does not.
There are three main robbery charges in Colorado, which include:
The penalties and punishments for a robbery charge vary depending on which offense you are convicted of. All of the charges have the possibility for prison sentences and fines, as well as a criminal record that could affect your ability to secure a job or housing later in life. These lasting consequences are why it is crucial to hire an experienced attorney to represent you and fight for your rights.
The punishments for the three levels of robbery include:
THEFT
In Colorado, theft occurs when you knowingly take something that belongs to someone else. A person may also be accused of theft if they knowingly accepted the stolen property and failed to return it to the rightful owner. Instances can include shoplifting, passing bad checks, embezzlement and extortion.
Depending on the value of the stolen property, theft can be classified as a misdemeanor or a felony, each representing very different levels of severity and penalties.
BURGLARY & TRESPASS
Although the terms “burglary” and “trespassing” may sometimes be used
interchangeably, these are not the same charges. Burglary and trespass charges are
both property crimes. However, in some cases, burglary may be prosecuted as a
violent crime. Here’s a look at how these two charges compare:
Colorado’s state laws include first-degree, second-degree, and third-degree trespassing charges, as outlined in more detail below.
Colorado also separates burglary charges into three degrees of severity. Learn more about each degree of burglary below.
Denver CRIMINAL MISCHIEF defense lawyer
Colorado defines criminal mischief as occurring when an individual “knowingly damages the real or personal property of one or more other persons.” Criminal mischief does not include stealing; instead, this term refers to the breaking, damaging or defacing of another person’s property.
Acts that fall within this category can be felonies, misdemeanors or petty offenses, depending on the severity or value of property damage. Some common examples include:
The penalties for criminal mischief depend on the value of the property and the damage caused. See below for more details.
| Value of Damage | Colorado Penalties |
|---|---|
| > $300 | Petty Offense:
|
| Between $300 and $1000 | Class 2 Misdemeanor:
|
| Between $1000 and $2000 | Class 1 Misdemeanor:
|
| Between $2000 and $5000 | Class 6 Felony:
|
| Between $5000 and $20,000 | Class 5 Felony:
|
| Between $20,000 and $100,000 | Class 4 Felony:
|
| Between $100,000 and $1,000,000 | Class 3 Felony:
|
| $1 million or more | Class 2 Felony:
|
The best approach to criminal mischief charges varies depending on the specifics of the individual case. However, here are some common defense strategies.
The good news is that yes, criminal mischief charges can be dropped. However, this depends entirely on the circumstances surrounding your case. Having an experienced criminal defense attorney on your side can be particularly impactful when it comes to getting the charges dismissed or reduced.
At MBS Law, we have over 90 years of combined experience in Colorado criminal defense and a deep understanding of how to best build a strong case for our clients. In our experience, charges may be dropped if:
The MBS Law team will carefully analyze the evidence against you, negotiate with the prosecution, and, if necessary, present a compelling case on your behalf. If you are facing criminal mischief charges in Colorado, contact us today for a FREE consultation. Let us help you navigate the legal process with confidence and expertise.
FRAUD
Looking for immediate assistance? Simply contact our office today, and we can help you get started on the right track.
First and foremost, you’ll want to stay calm. Avoid giving detailed statements to police without an attorney and politely invoke your right to counsel when questioned. You’re allowed to speak with a criminal defense lawyer before answering questions or signing any documents. Early counsel not only protects your rights, but it also helps preserve evidence.
Yes. Colorado’s theft laws classify theft severity by value, and larger values can elevate charges from misdemeanors to felonies. Whether something is a petty or felony crime often depends on the proven value of the stolen items as well as statutory thresholds.
Yes. In many cases, courts order restitution or require the return of stolen property (if possible), and Colorado law recognizes victims’ rights to recover property or compensation. Restitution can be imposed as part of sentencing or probation conditions.
“Receiving stolen property” means knowingly keeping, pawning, or disposing of something you know or believe was stolen. This charge is covered under theft statutes, and penalties depend on the value of the property and the circumstances involved. Cases can be prosecuted as misdemeanors or felonies, much like other theft-related offenses.
The main difference is the value of the items stolen and, sometimes, the manner of theft. Lower-value thefts are typically Class 1, 2, or 3 misdemeanors (also called petty theft). Higher-value thefts are often felonies (also called grand theft).
It depends. If the prosecution proves that you intended to borrow the item indefinitely, that may still count as theft. Temporarily borrowing an item with permission is a much different situation. Determining intent is important in theft and property crime cases.
Colorado’s post-conviction remedies (such as setting aside or sealing records in certain cases) are quite limited. Eligibility depends on the offense, sentence, and statutory rules. Consult a Colorado criminal defense attorney to determine whether you qualify and what steps to take.
Shoplifting is prosecuted under Colorado’s theft laws, so penalties depend on the stolen property’s value and any statutory enhancements (such as repeat offenses). Low-value shoplifting is typically a misdemeanor, and higher-value or repeated shoplifting can be charged as a felony with stricter sentencing.
Robbery involves taking property from a person or their presence by force, threat, or intimidation. Burglary involves entering into a building or structure unlawfully with the intent to commit a crime inside. Burglary can occur with only the burglar present. Robbery requires an active victim to be classed as such.
There certainly are. Common defenses include lack of intent, mistaken identity, presenting the owner’s consent, or that the damage was accidental or minimal. Solid defenses depend on the evidence and the statute involved (criminal mischief/defacing statutes). An attorney can examine the facts, develop admissible defenses, and challenge the prosecution’s evidence.
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