Robbery, Burglary and Theft Charges

Attorneys defending Robbery, Burglary, and Theft charges

According to the Colorado Bureau of Investigation 2022 statewide data on Colorado’s crime rates puts hard numbers to what many in law enforcement have been saying for a while: crime in almost all categories started going up before the pandemic and continues to rapidly rise.

In 2022 Colorado ranked first in the category of motor vehicle theft and second amongst all fifty states in the category of crimes against property in the U.S. according to the non-profit Common Sense Institute.  

Violent crime, which counts homicides, aggravated assaults, sex assaults and robberies, is up 17 percent between 2019 and 2021. Murder is up 47 percent in those two years.

A person commits Theft when they knowingly obtain, retain, exercise control over anything of value of another without authorization or by threat or deception; or when they receive, loan money by pawn or pledge on, or dispose of anything of value or belonging to another that they know or believe to have been stolen, and: they intend to permanently deprive another person of the use or benefit of the thing of value; or they knowingly use, conceal, or abandon the thing of value in such a manner s to deprive another person of its use or benefit; or, they demand any consideration to which they are not legally entitled as a condition of restoring the thing of value to another person; or, knowingly retain a thing of value more than 72 hours after an agreed-upon return time in any lease or hire agreement; or, intentionally misrepresent or withhold a material fact for determining the eligibility for a public benefit and does so for the purpose of obtaining public benefits for which they are not entitled.  Penalties for theft are determined by the value of the thing involved.

 Robbery in Colorado is defined as knowingly stealing from another person by use of force, intimidation, or threats. There are three “levels” of robbery in the state: robbery, aggravated robbery, and robbery of controlled substances, with each having serious consequences.   If, however, you were taking something that belonged to you (unless you used force, threats or intimidation to do so), or you were returning an item to its rightful owner, then you could not be charged with robbery. 

If an individual possesses a deadly weapon, wounds or strikes another person with a deadly weapon, threatens or intimidates another person with a deadly weapon, or is armed with a deadly weapon and has an intent to kill, maim or wound in the face of resistance, then Aggravated Robbery may be charged. Robbery of a controlled substance is aggravated robbery with the purpose of stealing controlled substances from a pharmacy. 

Burglary can be charged in the First Degree, when a person knowingly enters unlawfully, or remains unlawfully after a lawful entry, in a building or occupied structure with the intent to commit a crime, other than trespass.  If in effecting the entry or while in the building or occupied structure, or in immediate flight therefrom, a person assaults or menaces another person, or is armed with explosives, or uses, possesses, or threatens the use of a deadly weapon, they can be charged with First Degree Burglary.  Burglary in the Second Degree occurs when a person knowingly breaks an entrance into, enters unlawfully in, or remains unlawfully in a building or occupied structure with the intent to commit therein a crime against another person or property. Second degree burglary becomes a class three felony if it is the burglary of a dwelling; or, if the object of the burglary is theft of a controlled substance lawfully kept in any building or occupied structure; or if the objective of the burglary is the theft of one or more firearms or ammunition.

Penalties for Aggravated Robbery, Robbery, Burglary and Theft in Colorado

Theft under $300 is a petty offense carrying no jail and a $100 fine.

Theft over $300 but under $1,000 is a class two misdemeanor carrying a jail penalty of up to 120 days and a maximum possible fine of $750 or both.

Theft over $1,000 but under $2,000 is a class one misdemeanor carrying a jail penalty of up to 364 days and a maximum possible fine of $1,000 or both.

Theft over $2,000 but under $5,000 is a class six felony carrying a possible prison sentence of up to 4 years, a possible fine of up to $100,000, and one year of mandatory parole.

Theft over $5,000 but under $20,000 is a class five felony carrying a possible prison sentence of up to 8 years, a possible fine of up to $100,000, and two years of mandatory parole.

Theft over $20,000 but under $100,000, Robbery and Second Degree Burglary are class 4 felonies, punishable, under exceptional circumstances, to 16 years in prison and a fine as large as $500,000. Individuals convicted of robbery must also complete a mandatory three years of parole. Mandatory sentence enhancers exist if the alleged robbery victim was either disabled or elderly.

Theft over $100,000 but less than a Million Dollars, Aggravated Robbery, First Degree Burglary and Second Degree Burglary of a Dwelling/Objective Controlled Substances, Gun or Ammunition are class three felonies which carries a possible penalty of up to 32 years in prison, a possible fine of up to $750,000.00, and a mandatory five years of parole.

Theft over a Million Dollars and Aggravated Robbery of a Controlled Substance are class 2 felonies with potential criminal penalties of up to 48 years in prison and a fine as large as $1,000,000. Theft over a Million Dollars and Aggravated robbery of a controlled substance also requires a mandatory five-year parole.

Because the penalties for all types of robbery, burglary, and felony theft are so severe in the state of Colorado, it is imperative that you speak to a knowledgeable  criminal defense attorney as quickly as possible. 

Contact Mertes Law Attorneys for a free consultation and aggressive defense to any charge of Robbery, Burglary, or Theft.

If you or someone you love has been arrested and charged with theft, robbery, or burglary anywhere in the state of Colorado, you need an aggressive criminal defense law firm on your side. Your Mertes Law criminal defense attorney will begin to immediately build an aggressive defense and guide you through the process, looking out for your rights and your future. Call us today at 303-440-0123.