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Taking another person’s property without their permission is a serious crime. Theft charges can have lasting consequences that impact your reputation, your career, and even your freedom. If you have been arrested under suspicion of stealing, you must seek help from a dedicated criminal defense attorney as soon as possible. With the support of a Boulder theft lawyer from Petrash Law, the right legal strategy could give you the chance to beat the charges and protect your record.
The law defines theft as knowingly obtaining, retaining, or exercising control over another person’s property without their permission. This must be done with the intent to permanently deprive the owner of that property. Theft crimes also come in a wide variety of forms, ranging from shoplifting and burglary to robbery and embezzlement.
The law does not require you to physically take the property—if someone gives you something willingly (as a loan or rental) and you keep it for longer than authorized, this could still lead to a theft charge. The value of the items involved typically determines the severity of the charge.
Whether the act occurred in a retail store, workplace, or private setting, a prosecution must prove both unlawful control and criminal intent to secure a conviction. An experienced Boulder lawyer could help you challenge one or both of these aspects of your theft case.
The penalties for theft vary based on the value of the stolen property or service. Misdemeanor theft generally applies to property valued under $2,000, and felony theft begins at $2,000 in value. These misdemeanors and felonies break down as follows:
Each level of felony increases the maximum potential prison term, with the most serious charges carrying up to 12 years in prison. If you hire a theft lawyer in Boulder, they could fight these charges at every stage of the process, improving your chances of avoiding a conviction entirely.
Your Boulder theft attorney could help you develop an effective defense strategy in several ways. The best approach depends primarily on the facts of your case. Common approaches include the following.
You can only be guilty of theft if you intentionally deprived someone of their property permanently. Accidentally taking or keeping something that belongs to another person is not a crime. However, you may have to prove this to prosecutors, who are likely to assume your honest mistake was something more criminal in nature.
One of the most common strategies in these cases involves holding the state to its burden of proof. The prosecution has to show you are guilty of theft beyond a reasonable doubt. If the prosecution’s case is weak, your attorney may focus on attacking that weakness.
Misunderstandings often lead to theft charges. This is especially common when a group or business owns the property in question, and not all parties were aware that the defendant had legally borrowed it.
You do not have to face the State of Colorado on your own to fight these charges. With the support of a Boulder theft lawyer, you may be able to avoid a conviction and the consequences that follow. For effective legal representation, call Petrash Law now.