In Colorado, theft charges are serious, but when they come on the heels of past convictions, the stakes are even higher. State laws tend to be harsher on repeat theft offenders, and prior records can lead to elevated charges, longer sentencing, and limited plea or diversion options.
The impact of a past conviction can dramatically alter how your case is handled by prosecutors, whether you’re facing shoplifting charges, identity theft, or charges for serious financial crimes. Understanding how prior theft convictions affect your defense is essential to protecting your rights.
Prior Theft Convictions Raise the Stakes
According to state law, repeat theft offenses carry increasingly severe consequences. Even if the charges against you would ordinarily count as a misdemeanor, a prior criminal record can escalate the charge into a felony. The risk continues to grow with each prior conviction.
For example, misdemeanor theft convictions can result in up to 18 months in jail. However, if this is your second (or more) conviction, the state may charge the new crime as a felony. This does not occur automatically under Colorado law, but prosecutors may use priors to support harsher sentencing under habitual offender provisions. Prosecutors seek escalated charges to hold repeat offenders accountable.
Store Theft: Mandatory Enhancements
Colorado’s statutes also address repeat felony theft from a store. If you have two previous felony convictions involving theft from a store, incarceration is mandatory. Rather than the probation or deferred sentence that might apply to a first-time offender, those convicted for repeat offenses are held in a Department of Corrections (DOC) facility or a community corrections facility if appropriate.
In other words, a single new felony theft, when paired with your two previous store-theft felonies, removes judicial discretion. This strict law highlights why defense strategies need to attack the timing, categorization, and applicability of priors.
Aggregation of Misdemeanors into Felonies
Colorado law also allows the prosecution to aggregate multiple misdemeanors into one felony if the thefts occur within six months of each other or follow a single scheme/target. Even if you’re initially charged with petty theft, a criminal past could transform that lesser charge into a felony, which substantially elevates both risk and penalty.
Habitual Offender Statutes: A Higher-Level Upgrade
Colorado’s habitual offender statutes enable prosecutors to label you as a habitual offender in two specific scenarios.
- Minor habitual offender: If you have two prior felony convictions within the last 10 years and commit another felony, you face a sentence of up to three times the usual maximum.
- Major habitual offender: Any person with three prior felony convictions faces a minimum sentence of four times the typical maximum.
These enhancements apply only if each prior felony meets the statutory criteria, including classification and timing. If you have already been sentenced under the more serious habitual law and commit another felony, you still qualify for the most severe habitual classification.
Identity Theft & Habitual Laws
The state of Colorado takes identity theft charges seriously. Identity theft is generally a class 4 felony, but under certain circumstances, it may escalate to a higher class depending on factors like the number of victims or the amount of money involved.
Additionally, if you have a prior theft conviction, such as shoplifting or petty theft, an identity theft charge can trigger felony elevation, heavier sentencing, and habitual enhancements via prior records.
A Denver identity theft defense lawyer is essential in not only defending against the facts of identity fraud but also minimizing the role of past theft convictions.
Long‑Term Consequences of Repeat Theft Charges
The impact of numerous theft charges and habitual penalties extends beyond the prison walls. For example, felons lose many of their civil rights, like the right to own firearms and possibly obtain professional licenses.
Background checks also tend to reveal a person’s criminal history, which can negatively impact your ability to secure gainful employment and housing.
Finally, the cost of court fees, restitution, fines, and attorney’s costs can lead to considerable financial strain.
How to Defend Against Repeat Charges
When prior convictions are involved, building a good defense requires a clear understanding of Colorado’s theft and sentencing laws. Some of the most effective legal strategies include:
- Challenging the applicability of priors. Not all past convictions qualify for sentencing enhancements.
- Disputing statutory aggregation. In some cases, multiple misdemeanor thefts can be combined into a single felony if they occur within six months of one another or follow a common scheme. An expert attorney can argue against this approach.
- Avoiding enhancements. Colorado’s mandatory sentencing law for repeat store-theft felonies applies only under specific circumstances.
- Pushing back on habitual offender designations. Defense attorneys often examine whether prior felonies were classified correctly or whether they occurred within the timeframes required for habitual status.
- Seeking alternative sentencing options. For clients with borderline prior offenses, options like diversion programs, deferred judgments, or community-based sentencing may be available.
- Raising factual defenses. In identity theft cases, lack of intent, mistaken identity, or insufficient evidence may be central to the defense, regardless of prior convictions.
- Pursuing proportionality arguments. When enhancements result in unusually long sentences, the defense may challenge the penalties as disproportionate to the crime committed.
- Exploring post-conviction relief. For some, options may include record sealing or sentence modification.
The Role of a Denver Identity Theft Defense Lawyer
Identity theft charges are complex, and prior theft convictions can make them more difficult to defend. A lawyer experienced in Colorado theft and fraud laws is crucial when it comes to:
- Distinguishing between felony and misdemeanor classifications.
- Evaluating the legal weight of prior convictions.
- Contesting habitual offender designations.
- Identifying viable sentencing alternatives.
In Colorado, prior theft convictions can complicate defense, escalate charges, trigger habitual offender status, and shatter futures. If you’re facing repeat charges or worried about how your record may influence your case, contact MBS Law today for a strategic defense you deserve.
