Feb 8
2021
Posted by: Jacob E. Martinez
Category: Retail Theft/Shoplifting | Shoplifting
Shoplifting may seem like an offense that is no big deal but get caught, and you can still face a theft charge that could land on your criminal record.
Furthermore, if during the commission of that crime something goes wrong, then depending on your reaction, you might just face additional charges – as two Arvada suspects will soon learn.
Two men were suspected of shoplifting from a King Soopers in Arvada. When a loss prevention officer approached them, they sprayed the officer with pepper spray and fled the scene.
This opens them up to criminal charges beyond theft and can serve as a cautionary tale for others about the dangers of using items that may be legal in other circ*mstances in the commission of another crime. Here’s what you need to know.
Shoplifting Laws in Colorado
Shoplifting is a crime of theft in Colorado. Theft is defined under state laws as when a person knowingly retains, exercises control over, or obtains anything of value by deception or threat or without authorization.
Penalties for Shoplifting
While some may consider shoplifting not to be a huge deal, far-reaching penalties can result depending on the circ*mstances surrounding the case.
Additionally, a victim of theft can attempt to get compensation for their losses through civil litigation, which is a process separate from criminal proceedings.
The criminal penalties for shoplifting in Colorado depend on the value of what was stolen. The different penalties are:
Class 1 Petty Offense
For items less than $50 in value, this level of offense is charged. It can result in as much as six months in jail or a fine of $500 – or both.
Class 3 Misdemeanor
For items estimated between $50 and $300, this level of offense is likely to be charged. It can result in up to six months in jail and fines of $750.
Class 2 Misdemeanor
For items estimated between $300 and $750, this offense level may be charged. It can result in up to 12 months in jail and fines of as much as $1,000.
Class 1 Misdemeanor
If an item is estimated between $750 and $2,000, then this level offense can be charged. The punishment can land you in jail for up to 18 months and result in fines of as much as $5,000.
Class 6 Felony
This level of offense is charged for items estimated between $2,000 and $5,000. It can result in up to 18 months in jail and fines of as much as $100,000.
Class 5 Felony
This offense level is for items priced between $5,000 and $20,000. It can result in a sentence of up to three years in prison and fines of as much as $100,000.
Class 4 Felony
You can be charged with this level of offense if the cost of the stolen property is between $20,000 and $100,000. The punishment for this class of felony is up to six years in prison and fines of as much as $500,000.
Class 3 Felony
For items priced between $100,000 and $1 million, this level of offense is charged. If found guilty, you can face up to 12 years in prison and be responsible for fines of up to $750,000.
Class 2 Felony
Items priced over $1 million will result in this level of charge. You can face up to 24 years in prison and pay fines of as much as $1 million if convicted of this charge.
The Use of Pepper Spray
Colorado allows the use of pepper spray in self-defense, but not as an offensive weapon during the commission of another crime. Using pepper spray while shoplifting to help you escape can result in additional charges such as assault or reckless endangerment.
About the Author:
Denver-based criminal defense and DUI attorney Jacob E. Martinez is a knowledgeable and experienced litigator with a record of success providing innovative solutions to clients facing criminal charges of any severity. Mr. Martinez has been recognized by countless legal organizations for his exemplary defense work, including Avvo, Best DWI Attorneys, Expertise, Lawyers of Distinction, The National Trial Lawyers, and others. He was also named one of the 10 Best in Client Satisfaction in Colorado by the American Institute of Criminal Law Attorneys for 2020 and is Lead Counsel rated.
As an experienced legal professional with a focus on criminal defense and law, I can provide comprehensive insights into the various aspects discussed in the article titled "Pepper Spray: How to Make Your CO Retail Theft Charges Worse" by Jacob E. Martinez. My expertise in law and criminal defense involves an in-depth understanding of legal statutes, case precedents, and the application of laws in different situations.
The article delves into the ramifications of shoplifting in Colorado, emphasizing the severity of charges individuals may face for engaging in theft-related offenses. It elucidates the legal definitions and penalties associated with shoplifting under Colorado state laws. These penalties are differentiated based on the value of the stolen items, ranging from Class 1 Petty Offense for items under $50 to Class 2 Felony for items exceeding $1 million in value.
Furthermore, the article highlights the legal repercussions of using pepper spray, discussing its permissibility in self-defense situations but emphasizing its inadmissibility as an offensive weapon during the commission of a crime. The case of two suspects who resorted to using pepper spray during a shoplifting incident resulted in additional charges beyond theft, exemplifying the potential escalation of charges due to such actions.
Additionally, the article underscores the potential civil litigation separate from criminal proceedings, wherein victims of theft can seek compensation for their losses. This aspect highlights the multifaceted nature of legal consequences that individuals accused of shoplifting might face, including both criminal penalties and civil actions.
Jacob E. Martinez, the author of the article, is a Denver-based criminal defense and DUI attorney known for his extensive expertise in defending clients facing criminal charges. Martinez's accolades and recognition from various legal organizations like Avvo, Expertise, The National Trial Lawyers, and others attest to his proficiency and success in providing legal solutions in criminal defense matters.
In summary, the article provides a comprehensive overview of shoplifting laws in Colorado, the associated penalties based on the value of stolen items, the implications of using pepper spray during a crime, and the potential legal consequences beyond criminal charges, all delivered by an accomplished legal professional in the field of criminal defense, Jacob E. Martinez.
