Wondering about the differences between theft vs. burglary vs. robbery in Colorado is pretty common. Though people often mix up theft, burglary, and robbery in casual talk, Colorado law defines them as separate offenses. Furthermore, various elements can influence the specific charges prosecutors pursue and the resulting penalties.
Fuller & Ahern, P.C., Treats Clients Respectfully
Attorney Susan Fuller founded Fuller & Ahern, P.C., in 1997. Offering legal services to those throughout the Denver metro area and the state of Colorado, Susan Fuller began her career as an attorney in 1990. At Fuller & Ahern, P.C., we believe in treating our clients with compassion and honesty.
We pride ourselves on being prepared, and we always give our clients personal attention and practical solutions when you need legal advice the most. Our attorneys have over 75 years of combined legal experience. Despite our extensive experience in criminal defense, we’re committed to thoroughly explaining legal issues and making sure you’re informed about Colorado theft cases and their progression.
Understanding Theft in Colorado
Typically, theft is the act of knowingly obtaining or exerting unauthorized control over someone else’s property and intending to permanently deprive them of its use or value. Although most people think of theft as shoplifting, there are numerous theft scenarios that arise in Colorado. Theft charges can be filed in relation to allegations involving:
- Retail stores
- Cars and other automobiles
- Personal items
- Businesses
- Bank accounts
Oftentimes, the value of the property determines the level of offense you could be charged with. Keep in mind that theft does not require force, intimidation, or another person. If your crime involves taking someone else’s property without their consent, it could be considered theft.
Understanding Burglary in Colorado
Burglary is another common crime that people tend to misunderstand. Many believe that burglary is when you steal from inside a building.
In Colorado, burglary is when a person illegally enters or remains in a building or occupied structure, or even unlawfully enters any fenced area to commit a crime. Note that the crime does not have to be theft-related. Some prosecutors may argue that the person entering the building or property intended to commit a different crime once inside, such as assault.
Since burglary charges center around the illegal entry onto property, you can be charged with burglary even if you don’t take anything. Examples of burglary can include homes, workplaces, storage facilities, or any other type of building or structure. Colorado law recognizes various degrees of burglary. The severity of burglary charges usually depends on whether or not the building was occupied at the time of the alleged offense and if a weapon was involved.
There were 0.62 burglaries for every 1,000 people in Castle Rock. There were 52 recorded burglaries in a given year. Compared to the 2.29 national average, this rate was far lower.
Understanding Robbery in Colorado
Robbery is typically viewed as one of the more serious crimes when it comes to theft because another person is involved. In Colorado, robbery is when a person knowingly takes something from another person by using force, threats, or intimidation. Simply stealing someone’s property is not enough. Robbery laws state that the crime must be committed against another person.
If someone threatens you or uses physical force in order to steal your wallet, they can be charged with robbery. Robbery is more serious than theft because there was an alleged threat to your safety. If a weapon is involved or someone is injured during the crime, the charges may be enhanced.
The Differences Between Theft, Burglary, and Robbery
Although each crime deals with allegations of taking someone else’s property, they differ when you break down the elements of the crime. The easiest way to remember the difference is that theft deals with property, burglary deals with unlawfully entering a structure or property, and robbery involves force or threats against another person.
It is also possible for multiple charges to be filed. If your crime involved theft as well as unlawful entry into a building, you could be charged with both theft and burglary.
FAQs
Can a Person Be Charged Even if Stolen Property Was Never Recovered?
Yes, a person can still be charged even if stolen property was never recovered. Prosecutors do not always need your property back in order to press charges. They can use statements from witnesses, video surveillance, electronic records, admissions, or other sources of evidence to prosecute their case. Lack of your property may limit their evidence, but it doesn’t necessarily stop theft charges from being filed.
Can Juveniles Be Charged With Theft, Burglary, or Robbery?
Yes, juveniles can be accused of theft, burglary, or robbery charges; however, they are usually treated differently from criminal charges. Juvenile crime usually focuses more on responsibility, learning from your mistakes, and rehabilitation. The judge’s rulings can vary depending on the situation, including the age of the child, history, and severity of the crime.
What Happens When Someone Faces False Accusations of Stealing?
False allegations may result from honest error, such as mistaken identity, miscommunication, faulty witness perception, or malice due to personal vendettas. When someone faces accusations of theft, investigators and prosecutors generally examine the existing evidence before determining the next steps. Receipts, video footage, electronic communication, and witness statements can potentially clear up any misconceptions.
What Should I Do if I’m Being Charged With Theft, Burglary, or Robbery?
If you are being charged with theft, burglary, or robbery, it is important to approach your case with care. Don’t assume anything and don’t discuss the matter with others. Preserve any records that you think may be relevant to the allegations. Learn about the process. Being informed early about a possible government investigation can mean you’ll have the chance to clarify the matters at hand and explore your alternatives.
Hire a Burglary Lawyer With Fuller & Ahern, P.C., Today
If you have been charged with theft, burglary, or robbery, hire a burglary attorney who can help you. Contact Fuller & Ahern, P.C., for assistance.
