Understanding Theft and Burglary Charges in Denver

Key Takeaways

• Theft, burglary, and robbery are separate charges in Colorado, each with distinct legal definitions and penalties.
• Theft involves taking property, burglary involves unlawful entry with intent to commit a crime, and robbery involves force or threats.
• Charges range from petty offenses to serious felonies, depending on the circumstances and value of the property.
• A conviction can lead to jail time, fines, a permanent criminal record, and long-term consequences, such as difficulty finding a job or housing.
• Legal defenses may include lack of intent, mistaken identity, consent, or unlawful police conduct.
• With experienced legal representation, avoiding jail time, reducing charges, or getting your case dismissed may be possible.

Being arrested for theft or burglary in Denver is a serious legal matter with long-term consequences. Even a minor theft charge can lead to a permanent criminal record, fines, jail time, and difficulty securing employment or housing.

At the Law Offices of Steven J. Pisani, LLC, our theft defense lawyers have helped hundreds of clients navigate Colorado’s complex criminal justice system and fight theft-related charges. If you or someone you know is facing allegations of theft, burglary, or robbery, here is what you need to know about these offenses, how they differ, and what legal defenses may apply.

What Is Theft Under Colorado Law?

Under Colorado Revised Statutes § 18-4-401, theft occurs when a person knowingly obtains, retains, or exercises control over someone else’s property without authorization, intending to deprive the rightful owner. Theft charges can apply to a wide range of behavior—including shoplifting, fraud, embezzlement, or simply taking someone’s belongings. The value of the stolen property determines the severity of the theft charges.

For example:

• Theft under $300 is petty theft (a petty offense)
• Theft between $300 and $1,999 is a misdemeanor
• Theft over $2,000 is a felony, with increasing penalties for higher dollar amounts
  Visit our Denver theft defense page to learn how we defend against all theft allegations.

What Is Burglary?

Many people mistakenly think of burglary as theft. In reality, burglary is not defined by whether something was stolen but rather by unlawful entry into a building or structure with the intent to commit a crime inside—typically theft, assault, or another felony.

Colorado recognizes three degrees of burglary under CRS § 18-4-202 to 18-4-204:

• First-degree burglary involves unlawful entry into a building with intent to commit a crime and the presence of a deadly weapon or assault. It is a Class 3 felony.
• Second-degree burglary involves breaking into a building with intent to commit a crime but without a weapon or assault. This is typically a Class 4 felony.
• Third-degree burglary involves breaking into a vault, safe, or similar enclosure to commit theft. This is usually charged as a Class 5 felony.
  We provide aggressive defense against Denver burglary charges and work to reduce or dismiss charges through negotiation or trial.

Theft vs. Burglary vs. Robbery: What is the Difference?

It is essential to distinguish theft, burglary, and robbery, as each involves different legal definitions and penalties.

• Theft is taking someone’s property without permission and intending to keep it.
• Burglary is unlawfully entering a place intending to commit a crime inside.
• Robbery, defined under CRS § 18-4-301, involves taking property from a person using force, threats, or intimidation.
  If the robbery includes a weapon or causes serious bodily injury, it becomes aggravated robbery, a Class 3 felony punishable by 4 to 16 years in prison.

Penalties for Theft and Burglary in Denver

Colorado imposes steep penalties for both theft and burglary convictions. Consequences may include:

• Jail or prison time
• Probation or parole
• Heavy fines and restitution
• Permanent criminal record
• Loss of gun rights (for felonies)
• Immigration consequences for non-citizens

Even first-time offenders can face serious outcomes. That’s why having an experienced Denver criminal defense attorney who knows how to challenge the prosecution’s case and protect your future is critical.

Legal Defenses Against Theft and Burglary Charges

Every criminal case is unique, but several legal defenses may apply to theft or burglary charges in Colorado:

• Lack of intent: You did not intend to permanently deprive the owner or commit a crime upon entry.
• Mistaken identity: You were falsely accused or misidentified.
• Consent: You had permission to use or take the property.
• Ownership dispute: You believed the property belonged to you.
• Unlawful search and seizure: Police violated your rights during investigation or arrest.

Our legal team will thoroughly review the circumstances of your case, including evidence collection, witness statements, and surveillance footage, to determine the best defense strategy.

What to Do After a Theft or Burglary Arrest in Denver

If you have been arrested for theft or burglary, take these steps immediately:

1. Remain silent. Do not speak to the police or make any statements without your attorney present.
2. Contact a criminal defense lawyer. The sooner you involve an experienced lawyer, the better your chances of a favorable outcome.
3. Preserve evidence. Save texts, emails, receipts, or any information that may support your case.
4. Avoid discussing the case online. Anything you post on social media can be used against you.

Can You Avoid Jail Time?

In many theft and burglary cases, there are options for avoiding jail—especially for first-time offenders. These alternatives may include:

• Deferred judgment or plea agreements
• Diversion programs
• Probation instead of incarceration
• Community service

Our goal is to minimize the consequences and keep your record clean when possible.

Collateral Consequences of a Conviction

Even after serving a sentence or completing probation, a conviction for theft or burglary can impact your life for years. You may struggle with:

• Finding employment or housing
• Passing background checks
• Maintaining a professional license
• Immigration issues if you are not a U.S. citizen

That is why it is critical to avoid conviction whenever possible—or pursue post-conviction relief. We also help clients with criminal record sealing when they qualify.

Frequently Asked Questions About Theft and Burglary Charges in Denver

What’s the difference between theft, burglary, and robbery?

These terms are often confused, but they refer to different crimes:

• Theft is unlawfully taking someone’s property.
• Burglary is unlawfully entering a building intending to commit a crime inside.
• Robbery involves using force or threats to take property from someone directly.

Is burglary always a felony in Colorado?

Yes, burglary is always charged as a felony in Colorado. The degree (first, second, or third) depends on the circumstances, such as whether a weapon was involved or what type of structure was entered.

Can I go to jail for petty theft?

Yes, even petty theft (under $300) is a criminal offense and can lead to jail time, especially if you have prior convictions. However, alternatives such as diversion or probation may be available for first-time offenders.

What are some defenses against theft or burglary charges?

Common defenses include:

• You had no intent to steal or commit a crime
• You were misidentified
• You had consent or believed the property was yours
• The police violated your rights during the arrest or search

Will a conviction affect my future?

Yes. A criminal conviction can impact employment, housing, immigration status, and more—even years later. That’s why fighting the charges or pursuing record sealing is crucial.

What should I do if I’m arrested for theft or burglary?

Stay silent, ask for a lawyer, and avoid discussing the case online. Contact our office as soon as possible so we can start building your defense.

Still have questions? Contact the Law Offices of Steven J. Pisani, LLC, for a confidential consultation.

Fight Back with a Proven Denver Theft and Burglary Defense Lawyer

The stakes are too high to go alone if you have been arrested for theft, burglary, or robbery in Denver. With over a decade of experience and a reputation for aggressive, client-focused defense, the Law Offices of Steven J. Pisani, LLC are here to protect your rights.

From pre-trial negotiations to courtroom litigation, we fight to minimize your penalties and secure the best possible outcome. Contact us today for a free consultation and take the first step toward protecting your future.