Denver Shoplifting Defense Attorneys
Defense Against Shoplifting Charges in Colorado
Shoplifting may not seem like a big deal – after all, some people “forget” to pay for a pack of gum every once in a while. However, shoplifting is a theft crime. Depending on the value of the stolen items, shoplifters are at least guilty of committing a misdemeanor offense. However, theft crimes can still appear on your criminal record and could impair your ability to find gainful employment in the future.
Given the potentially negative consequences of being convicted of shoplifting, you should confer about your case with a skilled Denver criminal defense attorney with experience handling shoplifting cases. At Fife Luneau, P.C., we are passionate about preserving your constitutional right to be subjected to a fair and just criminal proceeding that has the potential of jeopardizing your future liberty. Our clients have benefited from our dedication to criminal defense law, and so can you.
If you have questions about your rights and legal options regarding shoplifting charges, contact us online or call our office at (720) 408-7130 today.
Colorado Law on Shoplifting
Colorado’s criminal prohibition on theft can be found in section 18-4-401 of Colorado’s revised statutes. According to that section, it is a crime to steal another person’s property or receive stolen goods or money.
With regard to shoplifting, Colorado’s revised statutes, section 18-4-406 explains that “if any person willfully conceals unpurchased goods, wares, or merchandise owned or held by and offered or displayed for sale by any store or other mercantile establishment…such concealment constitutes prima facie evidence that the person intended to commit the crime of theft.”
To successfully convict someone of shoplifting, the state must prove beyond a reasonable doubt that these elements are satisfied:
- The defendant,
- In the State of Colorado, on the date and place charged,
- Took control of another person’s valuables,
- Without authorization (or through the use of threats or deceit), and
- Received or disposed of such valuables, and
- Used, concealed, or abandoned them,
- With the intent of permanently depriving the other person of its use or benefit.
Furthermore, section 18-4-407 grants immunity to store owners and their employees from liability for questioning someone they reasonably suspect has shoplifted from their store:
“If any person triggers an alarm or a theft detection device…or conceals upon his person or otherwise carries away any unpurchased goods…or merchandise held or owned by any store or mercantile establishment, the merchant or any employee thereof…acting in good faith and upon probable cause based upon reasonable grounds therefore, may detain and question such person, in a reasonable manner for the purpose of ascertaining whether the person is guilty of theft. Such questioning…does not render the merchant, [or] merchant’s employee…civilly or criminally liable for slander, false arrest, false imprisonment, malicious prosecution, or unlawful detention.”
Call One of Our Skilled Denver Shoplifting Defense Attorneys for Advice
At Fife Luneau, P.C., we have dedicated the majority of our practice to defending people in criminal proceedings to ensure that they receive a just and fair trial that is free of government misconduct in violation of their due process rights. Our clients can benefit from our personalized and results-driven approach to criminal defense advocacy, and so can you. We are dedicated to giving your case the necessary attention and focus, ensuring that your interests are properly served.
Call Fife Luneau, P.C. at (720) 408-7130 or contact us online to arrange a free consultation about your case today.