Westminster Theft Lawyer
A theft charge in Westminster carries more weight than most people realize until they see what follows a conviction. Westminster theft lawyer Reid DeChant has handled theft cases across Adams County and the surrounding metro, and what he sees repeatedly is this: people who waited too long to get representation, who assumed a first offense would go away, or who took a plea without understanding what they were agreeing to. The consequences of a theft conviction compound over time, and the way a case is handled in its early stages often determines how it ends.
What Westminster Prosecutors Actually Charge and Why It Matters
Theft in Colorado is graded almost entirely by the value of what was allegedly taken. That sounds simple, but in practice it means a single transaction can be charged as anything from a petty offense to a class 3 felony, and the line between misdemeanor and felony territory sits at $2,000. Shoplifting from a Westminster retail store, fraud against a business, theft of tools or equipment from a job site, motor vehicle theft, identity theft, theft of services, organized retail crime charges, and theft by receiving all fall under Colorado’s consolidated theft statute. The conduct looks very different from case to case, but they share the same framework and the same escalating consequences.
Adams County prosecutors handle Westminster theft cases and they do pursue these aggressively, particularly anything involving repeat conduct, organized retail theft, or allegations that cross into identity fraud territory. Westminster sits along the US-36 corridor and borders Arvada, Broomfield, and Thornton, which means cases sometimes involve multiple jurisdictions or incidents across different retail centers in the area. A charge that looks like one case might actually be built from alleged incidents at multiple locations, and that changes how it should be defended.
What matters most before anything else is understanding the specific theory of the case against you. Was the value calculated accurately? Was intent to permanently deprive actually established? Was there surveillance footage, and if so, how was it preserved and authenticated? These are not abstract questions. They determine what arguments are available.
How Theft Penalties Escalate in Colorado
A petty theft charge involving items valued under $300 is a class 2 petty offense. That still carries a fine and a conviction on your record. From $300 to $999, it becomes a class 2 misdemeanor. From $1,000 to $1,999, a class 1 misdemeanor with up to 364 days in jail. Cross the $2,000 threshold and you are now looking at a class 6 felony, which carries up to 18 months in prison and a mandatory parole period.
The escalation continues from there. Theft of $5,000 to $19,999 is a class 5 felony. Theft exceeding $1 million is a class 3 felony with a sentence range that can reach 12 years in prison. These are not edge cases. Cases involving alleged contractor fraud, embezzlement, or business-related theft regularly involve amounts that push into felony territory even when the underlying conduct is disputed.
Beyond jail and fines, a theft conviction creates a permanent record entry that shows up in background checks. For someone in Westminster who works in healthcare, real estate, education, finance, or any licensed trade, that record can end a career or prevent licensure. That consequence is often more damaging than the criminal penalty itself.
Defense Approaches That Actually Make a Difference
The most important thing a defense attorney does in a theft case is examine whether the prosecution’s evidence is as solid as it appears. Retail theft cases often rest heavily on loss prevention employee testimony and store surveillance. Both have weaknesses. Loss prevention staff are not neutral observers. Surveillance footage can be incomplete, improperly stored, or show something ambiguous that was interpreted one way by store employees. A defense attorney who does not push back on these foundations is not doing the job.
Intent is a genuine issue in theft cases. Colorado requires that the prosecution prove an intent to permanently deprive the owner of the property or item. Disputes about ownership, mistakes about authorization, claims that property was borrowed or was part of a business arrangement, and misidentification are all real defenses that arise in legitimate cases. They do not always succeed, but they have to be evaluated for each specific set of facts.
In cases where the evidence is genuinely strong, early and strategic negotiation can still make an enormous difference. Diversion programs, deferred judgment agreements, and restitution-based resolutions may allow a case to be resolved without a conviction appearing on a permanent record. Adams County does have mechanisms for this, particularly for first-time offenders, but they are not automatic. They require advocacy and often require demonstrating that the client is a good candidate. That is attorney work that has to be done deliberately.
Reid’s background as a public defender in Adams County means he has handled cases in the same courts, in front of the same prosecutors, that Westminster theft cases land in. That context is not something you develop from reading about a court system. It comes from working in it.
Questions About Westminster Theft Cases
Can a theft charge in Westminster be expunged or sealed?
Colorado allows record sealing for many theft convictions, depending on the offense class and how much time has passed since the case closed. A class 2 or 3 misdemeanor conviction may be eligible for sealing after a waiting period. Felony convictions have longer waiting periods and more restrictions. Charges that were dismissed or resulted in acquittal are generally sealable. The process requires a petition and court approval, and eligibility depends on the specific outcome of your case.
Will I have to pay restitution even if charges are reduced?
Possibly. Restitution to the alleged victim is often part of any plea agreement, even when charges are reduced from a felony to a misdemeanor or resolved through deferred judgment. The amount is usually tied to the actual loss claimed by the alleged victim, and that figure can sometimes be disputed.
Is shoplifting from a Westminster store a misdemeanor or felony?
It depends on the value of what was allegedly taken and your prior record. Under $1,000 is a misdemeanor, but the specific class within the misdemeanor range still matters. If you have prior theft convictions, Colorado allows prosecutors to aggregate prior thefts under certain circumstances, which can affect the charge level. Prior convictions can also affect what plea offers are extended.
What happens if I am accused of theft as part of an employment dispute?
These cases are common and often more complicated than retail theft. Disputes about whether property was authorized, whether amounts were properly calculated, and whether the employer’s accounting is accurate can all factor into the defense. Civil and criminal allegations sometimes run simultaneously in these situations, which creates additional complexity in how the case should be handled.
If I was not the one who took anything, can I still be charged with theft?
Yes. Colorado’s theft statute covers theft by receiving, which means knowingly receiving, retaining, or disposing of something that was obtained through theft. Aiding and abetting theft is also a recognized theory. Whether the prosecution can actually prove these elements is a separate question that depends on the specific facts and evidence in your case.
Do theft cases in Westminster actually go to trial?
Most resolve before trial through plea or dismissal. But the credibility of going to trial matters enormously during negotiation. A prosecutor’s willingness to offer a reasonable resolution is often shaped by whether they believe the defense attorney will actually take the case in front of a jury. Reid has tried cases to verdict in Adams County, which is not something every defense attorney in this area can say.
How quickly should I contact a lawyer after being charged with theft?
As soon as possible after arrest or after receiving notice of charges. Early decisions, including what to say to investigators and whether to cooperate in any way, have lasting consequences. Evidence preservation also matters in the early stages. Waiting creates avoidable problems.
Facing a Theft Charge in Adams County
DeChant Law handles theft defense throughout Westminster and the surrounding Adams County area, including cases in Thornton, Northglenn, and cases that originate from retail centers along 104th Avenue or near the Westminster Promenade corridor. If your case involves charges filed in Adams County District Court or Westminster Municipal Court, Reid knows how these matters are handled locally and what it takes to build a real defense. Reach out to DeChant Law to talk through what you are dealing with and get a clear picture of what your options actually are as a Westminster theft attorney handles your case.