When someone is charged with a theft-related crime in Colorado, it’s easy to feel overwhelmed and confused. People often use the words “theft,” “burglary,” and “robbery” interchangeably, but in the eyes of the law, these are distinct criminal offenses with very different legal meanings and consequences. Understanding these differences is essential—not only for individuals facing charges, but also for their families and loved ones who want to help.
At Lee E. Christian Law, we defend people in Fort Collins and throughout Northern Colorado who have been accused of theft-related crimes. Whether it’s a shoplifting allegation or a more serious felony involving a robbery or burglary, we believe every client deserves to fully understand what they’re facing so they can make informed decisions about their defense.
Theft is the most commonly charged property crime in Colorado. According to Colorado Revised Statutes § 18-4-401, a person commits theft when they knowingly obtain, retain, or exercise control over someone else’s property without authorization, with the intent to permanently deprive the owner of it. This statute covers a broad range of actions, from shoplifting at a retail store to employee embezzlement.
Colorado breaks down theft charges by the value of the property stolen:
Theft also includes more specific conduct like identity theft, theft by deception, and even unauthorized use of services or financial instruments. While shoplifting might seem minor to some, even small theft charges can have lasting consequences, especially if the defendant has prior convictions or is accused of organized retail theft.
Burglary is often misunderstood as “stealing from a home,” but in Colorado, it’s actually defined by entry into a location with the intent to commit a crime—regardless of whether theft actually occurred. Under Colorado Revised Statutes §§ 18-4-202 to 18-4-204, burglary is categorized into three degrees based on factors like location, intent, and whether the offender was armed or caused injury.
Here’s how it breaks down:
What makes burglary more serious than simple theft is the invasion of a protected space, such as a home or business, and the potential for confrontation or violence. Even if nothing is taken, the intent to commit a crime inside the premises can be enough to support a conviction.
Unlike theft or burglary, robbery directly involves another person. It occurs when someone uses force, threats, or intimidation to take something from another individual. Colorado defines robbery in C.R.S. § 18-4-301 and classifies it as a felony offense due to its inherently violent nature.
Examples include:
Aggravated robbery (C.R.S. § 18-4-302) adds more serious penalties when the accused is armed with a deadly weapon or pretends to be. If someone is injured or placed in fear of injury during the robbery, charges can escalate quickly. A conviction for aggravated robbery can result in a mandatory prison sentence, even for first-time offenders.
Shoplifting is technically a form of theft, but prosecutors in Colorado may treat it differently based on the circumstances. Taking an item from a store without paying, changing price tags, or using deceptive tactics to avoid payment all fall under shoplifting.
Depending on the value of the merchandise, a shoplifting offense could be a petty offense or a felony. Repeat offenses, coordination with others, or concealment tools can lead to more serious charges such as “organized retail theft.” While many shoplifting cases involve juveniles or first-time offenders, they still carry long-term consequences like criminal records, loss of employment, or difficulty with college admissions.
Each of these crimes—whether it’s theft, burglary, or robbery—has a distinct legal process. The elements of proof are different, the penalties vary, and the potential for plea deals or alternative resolutions depends heavily on the specific charge. For example:
Prosecutors must prove each element of the crime beyond a reasonable doubt. In many cases, the difference between a misdemeanor and a felony—or even between a conviction and a dismissal—can come down to how the facts are presented and whether your defense attorney challenges weak or circumstantial evidence.
An experienced defense lawyer may challenge the prosecution’s case in multiple ways:
No two cases are the same, and the best defense strategy depends on the facts, the accused's criminal history, and what evidence the state can actually prove.
Whether you’re facing accusations of shoplifting, burglary, or robbery, the potential consequences go far beyond fines or jail time. A conviction could follow you for years, impacting job prospects, housing applications, and even your ability to travel abroad. That’s why it’s critical to act quickly and get experienced legal representation on your side.
At Lee E. Christian Law., we’ve helped hundreds of clients fight theft-related charges throughout Fort Collins and Northern Colorado. We understand the law, the local courts, and how to advocate for clients at every step of the process.
If you’ve been charged with any form of theft, contact us today. Our team is here to protect your rights, challenge the charges, and help you move forward with your life.
