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Will I Go to Jail for First-Offense Shoplifting?

Posted on October 15, 2023 in

Being arrested for a crime is frightening. Whether committing an act occurs with little forethought or it was planned, shoplifting can lead to various consequences if convicted. The thought of spending time in jail is a possibility.

Understanding the consequences of shoplifting theft charges and if jail time is a possibility for first offenses is vital. Being charged with shoplifting in Denver can impact employment, education, and lending opportunities. It is critical that every charge is taken seriously and addressed appropriately.

First-Offense Shoplifting

The punishment for shoplifting will vary depending on the value of the item shoplifted and a history of behaviors. A person is charged with shoplifting or theft when items are intentionally taken from a business, and the action is meant to keep the merchandise from the owner. Additionally, when unpurchased items are concealed to hide these goods inside a store, the presumption can be made that shoplifting is the intention.

Colorado bases its punishment for shoplifting on the value of the item a person takes.

Common Punishments for Shoplifting

The value of the goods that were stolen determines the punishment. Restitution is part of any conviction for shoplifting, and the following penalties are possible for petty offenses and misdemeanors:

  • Merchandise less than $300: Petty offense resulting in up to 10 days in jail and/or up to $300 in fines
  • Merchandise equal to $300 but less than $1,000: Class 2 misdemeanor resulting in up to 120 days in jail and/or up to $750 in fines
  • Merchandise equal to $1,000 but less than $2,000: Class 1 misdemeanor resulting in up to 364 days in jail and/ or up to $1,000 in fines

Colorado divides felonies into classes that result in prison time and higher penalties.

  • Merchandise equal to $2,000 but less than $5,000: Class 6 felony resulting in one year to 18 months in prison and/or fines of $1,000 to $100,000 in fines
  • Merchandise equal to $5,000 but less than $20,000: Class 5 felony resulting in one to three years in prison and/or fines of $1,000 to $100,000 in fines
  • Merchandise equal to $20,000 but less than $100,000: Class 4 felony resulting in two to six years in prison and/or fines of $2,000 to $500,000 in fines
  • Merchandise equal to $100,000 but less than $1,000,000: Class 3 felony resulting in four to 12 years in prison and/or $3000 to $750,000 in fines
  • Merchandise equal to $1,000,000 or more: Class 2 felony resulting in eight to 24 years in prison and/or $5,000 to $1,000,000 in fines

When Serving Time is Mandatory

When convicted of lesser shoplifting charges in Colorado, participating in pretrial diversion programs allows an individual to avoid conviction. Other penalties may also be required, such as fines, restitution, community service, and attendance in educational classes.

A minimum of one year in prison is sentenced when shoplifting charges result in a felony theft conviction of goods costing $2,000 or more. So, the Colorado theft offense of shoplifting, even when it is a first offense, can result in jail or prison time.

Contact a Denver Shoplifting Attorney Today

Whether this is a first charge of shoplifting or you have been charged multiple times, theft can carry jail or even prison time. A conviction of theft is life-changing and should be taken seriously. Contact Flesch & Bleck Law today for a free consultation to discuss shoplifting charges.