Practice Area
In Colorado, the dollar value decides whether a theft or property damage charge is a petty offense or a felony. We fight the facts and the number.
Both of our founding partners started their careers as prosecutors. Before co-founding Smith & Weidinger, Bradley Smith served as a Deputy District Attorney in Mesa County and as a Denver Assistant City Attorney. We know how property cases get charged, including how a value gets picked and how a string of small incidents gets combined into one felony, and we know where those numbers are soft.
We defend theft and property charges from our offices in Denver (1040 S. Gaylord St.) and Colorado Springs (415 N. Tejon St.), and in courts across Colorado. We’ve had a felony criminal mischief case in Adams County reduced to a misdemeanor with no jail, property damage charges dismissed in Denver and Jefferson counties, and won a not-guilty verdict on a criminal mischief charge at trial in Weld County. You’ll work directly with the lawyer handling your case, not a call center.
For theft and criminal mischief (property damage), the dollar amount sets the charge (C.R.S. 18-4-401 and 18-4-501).
Burglary is entering or staying in a building unlawfully with intent to commit a crime inside, and the building sets the level. Second-degree burglary is a class 3 felony for a home, a class 4 felony for a business or other occupied structure, and a class 5 felony for any other building. It becomes first-degree burglary, a class 3 felony, when someone is assaulted or menaced or a deadly weapon is involved. Breaking into a safe, vending machine, or cash register is third-degree burglary, a class 2 misdemeanor. Trespass without intent to commit a crime is lower: entering someone’s home is a class 1 misdemeanor, or a class 6 felony if the home is occupied, and most other trespass is a petty offense.
Robbery means taking something from a person by force, threats, or intimidation, and it’s a class 4 felony. Aggravated robbery, involving a weapon or a fake one, is a class 3 felony with a higher sentencing range. First-degree arson, setting fire to a building, is a class 3 felony for an occupied structure and a class 4 felony otherwise. Fires that damage other property follow the same value ladder as theft.
Since July 1, 2023, every motor vehicle theft in Colorado has been a felony, whatever the car is worth. It’s a class 5 felony for a basic taking, class 4 when aggravating facts are alleged (like keeping the car more than 24 hours or causing $1,000 or more in damage), and class 3 with two prior convictions. A lesser misdemeanor, unauthorized use, applies only when the car is returned or recovered undamaged within 24 hours of being reported missing and no other crime was committed. Shoplifting is charged as ordinary theft on the value ladder, and separate thefts within six months can be added together into one larger charge. Since 2025, stealing a firearm has been a class 6 felony regardless of its value.
The court must consider restitution in every property conviction: an order to repay the losses, which works like a civil judgment until it’s paid. Restitution is often the leverage point in these cases. Paying some or all of it early can move a prosecutor toward a deferred judgment, a reduced charge, or a dismissal.
Colorado criminal defense
A few hundred dollars can be the difference between a misdemeanor and a felony. Get a confidential consultation with a Colorado defense attorney. Not a screener.
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Bradley E. Smith
Founding Partner
Criminal Defense Attorney
Former Deputy District Attorney in Mesa County and Denver Assistant City Attorney. More than six years as a U.S. Navy officer overseas, in Japan, East Africa, Europe, and the Middle East. J.D. from the University of Kansas School of Law and a bachelor’s degree from CU Boulder. Licensed in Colorado state and federal courts.
That prosecutorial background matters in a specific way. Prosecutors charge property cases off a number, and that number usually comes from the complaining party: a retail price, a repair estimate, an insurance claim. A lawyer who has seen how those figures get into a charging decision knows to test them before accepting them.
Intent is the other half. Borrowing, a disagreement over who owns something, or a mistake at the register isn’t theft.
Every property case is built from the same pieces, and each one can fail:
The prosecution has to prove it. We challenge inflated prices and estimates with receipts, appraisals, and our own numbers, because moving the value below a threshold changes the charge.
Theft requires intent to deprive someone of their property. Disputes, misunderstandings, and permission later denied aren't crimes.
Shared property, landlord and tenant disputes, and business breakups often belong in civil court, not criminal court.
Store video and loss-prevention reports are often less clear than the summary says.
Early restitution, diversion, or a deferred judgment can keep a conviction off your record entirely.
We look at all of it. Then we decide, with you, whether to file motions, negotiate, or try the case.
The order below is the shape of most Colorado criminal cases. Where your case sits in it determines what can still be changed.
You will be advised of the charges, usually within 48 hours. You do not have to explain yourself to anyone, and you should not. The single most common way a defensible case becomes a difficult one is a statement given before a lawyer was involved.
The court sets bond considering the charge, your record, your ties to the community, and any perceived risk. Bond can be argued, and bond can be reduced after it’s set. A lawyer at that hearing is the difference between a number and an argument.
In any domestic violence case, a mandatory protection order issues immediately. It can bar you from your own home and from contact with your family. It can be modified — but only through the court, never by agreement with the other party.
We obtain everything the state has: reports, body camera footage, dispatch audio, lab results, officer histories. We also build what the state didn’t bother to — witnesses they never interviewed, video they never pulled.
Suppression of an unlawful stop, an unlawful search, or an involuntary statement can end a case outright. Several of our dismissals came at or immediately after a motions hearing.
Most cases resolve. Some should not. We prepare every case as though it will be tried, because that preparation is what produces the better offer — and because when a case should go to a jury, we are ready.
Recent outcomes in property cases.
Felony case resolved as a misdemeanor with no jail.
Destruction of private property charge dismissed.
Criminal mischief charge dismissed.
Jury acquitted our client of criminal mischief and two counts of misdemeanor child abuse.
Results depend on the specific facts and legal circumstances of each case. Prior results do not guarantee or predict a similar outcome.
Unedited, from our Google profile.
Reviews are published on Google by the people who wrote them. Past results do not guarantee a similar outcome.
These are the questions we hear most about theft and property charges. The answers below are general. The value, the evidence, and your record decide how they apply to you.
It depends on the value. Under $300 is a petty offense, $300 to $2,000 is a misdemeanor, and $2,000 or more is a felony. Thefts within six months can be added together, so several small incidents can become one felony charge.
The prosecution has to prove it, and the number charged is often a retail price or a repair estimate. We challenge the number with receipts, appraisals, and our own estimates, because moving it below a threshold changes the charge.
Yes, for any theft on or after July 1, 2023, regardless of the car’s value. The only lesser charge, unauthorized use, is limited to cars returned or recovered undamaged within 24 hours with no other crime involved.
Intent. Burglary means entering or staying somewhere unlawfully with intent to commit a crime inside. Trespass is being there unlawfully without that intent, and it’s charged far lower.
If you’re convicted, the court must consider restitution for the losses. It’s also usually a condition of a deferred judgment or diversion. Paying early often helps the outcome.
Many can. Misdemeanor and class 4–6 felony theft convictions can generally be sealed by petition after a waiting period, and some records now seal automatically after longer periods. Class 1–3 felony convictions generally can’t be sealed.
