Greeley Shoplifting
Defense Attorney

Bruno Lilly LeClere

Shoplifting is a common crime and consists of stealing merchandise from a store. Like other states, Colorado criminalizes shoplifting, and defendants can face dire repercussions for what was a simple mistake. Reach out to Bruno Lilly LeClere, PLLC, today to speak with a Greeley shoplifting defense attorney. Our job is to obtain the most favorable result for our clients. Sometimes that means negotiating with the state to drop or reduce charges. In other situations, we fight to a jury trial. Call us at (720) 340-1373 to learn more.

What is Shoplifting?

Shoplifting involves taking a store’s goods without permission and with the intent to deprive the owner of the merchandise. Most commonly, shoplifters conceal merchandise in a pocket, purse, or bag so they can leave the store without paying for it. The defendant might be caught on security camera or by a store employee, who then detains them.

Shoplifting requires a culpable mental state. If you innocently put an item in a bag while shopping and forgot to remove it, then you shouldn’t be convicted of a crime. However, intent is tricky. A store does not need you to come out and admit that you intended to steal the item. They can infer that intent through your actions.

Common Evidence for Shoplifting

Most prosecutions for shoplifting are based on the following evidence:

• Security camera footage. Many stores have closed-circuit TV that monitors the store. The store might provide this footage to the police for use in your prosecution. The video might show you looking over your shoulder before you slip an item into your pocket or purse.
• Eyewitness testimony. Other patrons or staff could have watched you take an item and hide it before walking out of the store.
• The merchandise found on you. If the store quickly detained you, then they will probably find the merchandise on your body or in your possessions.
• Your statements. Some shoppers quickly admit to stealing an item, and these admissions are often admitted into evidence.

Let our legal team review the facts. Not every case is as “open and shut” as the prosecution imagines. Security footage is often grainy, with cameras pointed in the wrong direction or a different person blocking a clear view of your actions. Some people often make statements under stress which they don’t mean.

Penalties for Shoplifting

The penalties will depend on the value of the merchandise stolen:

• Less than $300 of goods. Petty offense with a maximum of 10 days in jail and/or a $300 fine.
• At least $300 but less than $1,000. Class 2 misdemeanor, with a maximum of 120 days in jail and/or a fine of up to $750.
• At least $1,000 but less than $2,000: Class 1 misdemeanor, with a maximum of 364 days in jail, and/or up to $1,000 fine.
• At least $2,000 but less than $5,000. Class 6 felony, with 12-18 months in prison, and/or a maximum $100,000 fine.
• At least $5,000 but less than $20,000. Class 5 felony, with 1-3 years in prison and/or a maximum $100,000 fine.
• At least $20,000 but less than $100,000. Class 4 felony, with 2-6 years and/or a $500,000 fine.
• At least $100,000 but less than $1 million. Class 3 felony, with 4-12 years in prison and a $750,000 fine.
• $1 million or more. Class 2 felony, 8-24 years and/or maximum $1 million fine.

A Greeley shoplifting attorney can review in detail what penalties you are facing in your case. Sometimes the state aggregates amounts stolen if you commit shoplifting on more than one occasion.

Can You Participate in a Diversion Program?

Diversion programs offer many benefits. Adults might voluntarily enter a plea bargain and agree to participate in treatment and make restitution to victims. In exchange, the prosecutor dismisses the charges. Consequently, a defendant does not have a criminal record and can seal their arrest record. They do not have to worry about a misdemeanor conviction following them around for the rest of their lives.

Diversion for adults is typically limited to first-time offenders. You must fulfill various conditions, such as community service or education courses. We are happy to discuss if diversion is an option for you.

Defending Shoplifting Charges

In some situations, you might want to fight the charge. Some common defenses include:

• Lack of an intent to steal. It’s not a crime to innocently conceal goods. For example, some stores don’t have baskets, and it’s cumbersome to walk around the store holding a dozen items. You might place one or more in your purse or another shopping bag to free up your hands. If you forgot about the item, you did not have the intent to steal. Nonetheless, Colorado Revised Statutes § 18-4-406 says concealing goods is prima facie proof of an intent to commit theft. Consequently, we will need to present evidence to rebut that proof.
• You paid for the item. You might have paid and the store is confused about whether you bought the item. In some situations, someone else (not you) switched the tags on an item, and you ended up paying a lesser amount.
• Someone else stole the item. Mistaken identity is common. Perhaps the item is found on the sidewalk or in the parking lot and there’s no solid proof of who took it. Or the security camera footage is ambiguous. The prosecution needs to prove beyond a reasonable doubt that you stole the item.
• Illegal search and seizure. When the police perform an unlawful search or seizure, we can ask a judge to suppress the evidence or even dismiss the charges. The state’s case often collapses at that point.

An experienced attorney will look at all the evidence and see if it’s as solid as the prosecution claims. Witnesses are often confused about what happened, and you shouldn’t ever plead guilty without first meeting with an experienced lawyer.