Shoplifting Defense Attorney in Colorado Springs

Retail Theft Defense Informed by Prosecution-Side Experience

When you’re charged with shoplifting in Colorado Springs, the prosecutor building that case has a playbook. Attorney Alexander Berry has seen that playbook from the inside. As a former government lawyer, he understands how prosecutors in the 4th Judicial District evaluate shoplifting evidence, select charges, and pursue convictions. That perspective shapes every defense strategy we build at Damascus Road Law Group.

Shoplifting is one of the most commonly filed theft charges in El Paso County, and it isn’t minor. Even a first-offense misdemeanor creates a permanent criminal record unless successfully sealed. The sooner you have an attorney reviewing your case, the more options may still be available.

Contact Damascus Road Law Group to schedule your free case evaluation. Our Colorado Springs shoplifting defense attorneys are ready to review your situation. Call us today at (719) 354-2052.

How Colorado Law Defines Shoplifting

Colorado doesn’t have a standalone shoplifting statute. Retail theft is prosecuted as theft under CRS 18-4-401, which defines the offense as knowingly obtaining, retaining, or exercising control over something of value belonging to another without authorization or by threat or deception, with intent to permanently deprive the owner of it.

Conduct that qualifies includes more than pocketing an item at the register. Colorado law covers:

• Concealing merchandise on your person or in a bag
• Switching or altering price tags
• Removing or defeating anti-theft devices
• Using a fraudulent or old receipt to return merchandise
• Working with a store employee to undercharge items
• Receiving or disposing of items known to be stolen

Any reference in Colorado law to larceny, stealing, or shoplifting is treated as theft under CRS 18-4-401. The statute consolidates all of these into a single charge with one set of classifications.

Shoplifting Penalties in Colorado Springs

The severity of a shoplifting charge depends on the value of the property involved. Under current CRS 18-4-401 thresholds, charges are classified as follows:

• Under $300: Petty offense
• $300 to $999: Class 2 misdemeanor
• $1,000 to $1,999: Class 1 misdemeanor
• $2,000 to $4,999: Class 6 felony
• $5,000 to $19,999: Class 5 felony
• $20,000 to $99,999: Class 4 felony
• $100,000 to $999,999: Class 3 felony
• $1,000,000 or more: Class 2 felony

Two provisions can push a charge into a higher classification than the underlying incident might suggest. Colorado’s aggregation rule allows prosecutors to combine multiple theft incidents within a six-month period into a single charge at the cumulative dollar value. And under CRS 18-1.3-603, courts must order restitution, which accrues statutory interest, meaning total repayment can substantially exceed the original retail value of the property. Repeat offenses carry enhanced penalties and increase the likelihood of felony-level charges.

What a Conviction Can Cost You Beyond the Courtroom

A sentence is only part of the picture. A theft conviction follows you into job applications, licensing boards, and housing searches.

• Employment: Employers in banking, financial services, government contracting, and healthcare routinely treat any theft conviction as disqualifying.
• Professional licensing: Licensed professions in Colorado, including healthcare, real estate, and education, can be affected by a theft-related conviction.
• Housing: Landlords conducting background checks will see the conviction, limiting your options.
• Firearm rights and civil rights: A felony shoplifting conviction can restrict firearm possession, the right to vote, and the ability to serve on a jury.
• Immigration status: Non-citizens charged with theft offenses should know that a conviction can carry immigration consequences, including potential deportation or bars to naturalization. Early legal intervention matters in these situations.

Even a misdemeanor shoplifting conviction creates a permanent criminal record unless successfully sealed under Colorado law. The stakes of a “minor” charge are rarely as small as they first appear.

How We Defend Shoplifting Charges in the 4th Judicial District

Attorney Berry’s prosecution background means he doesn’t just respond to the state’s case. He anticipates it. He knows which evidence prosecutors rely on in El Paso County shoplifting cases and where that evidence tends to be weakest.

Defense strategies we evaluate include:

• Challenging loss prevention observations: Loss prevention officers must observe the act of concealment and wait until the person has exited or is exiting the store before detaining them. Failure to follow proper procedure can affect whether probable cause exists.
• Disputing intent: The state must prove you knowingly intended to permanently deprive the owner of the item. When that element isn’t clearly supported by the evidence, we challenge it directly.
• Suppression motions: If evidence was obtained in violation of your rights, we file to have it excluded.
• Value disputes: Contesting the assigned value of the allegedly taken property can keep a charge from rising to a higher classification.
• Mistaken identity and alibi defenses: These apply when the identification of the accused is at issue.
• Pretrial diversion and deferred sentencing: For first-time offenders, alternatives to a conviction may be available. Attorney Berry evaluates eligibility for pretrial diversion as part of each defense review.

Whether your case resolves through negotiation or goes to trial, Attorney Berry brings the preparation of a Top 100 Trial Lawyer to your defense.

Why Colorado Springs Clients Choose Damascus Road Law Group

Attorney Berry’s credentials carry weight in theft defense because they reflect specific, relevant experience. He’s rated 10.0 Superb on Avvo, named to The National Trial Lawyers’ Top 100 Trial Lawyers list, and recognized by the American Institute as one of the 10 Best attorneys in Colorado. His time as a government lawyer gives him a working understanding of how the prosecution side operates, which directly informs how we build your defense. We listen, we build defense strategies around your specific circumstances rather than a template, and we offer affordable payment plans because cost shouldn’t prevent you from getting the representation you need when your record and your future are on the line.

Get a Free Case Evaluation for Your Shoplifting Charge

If you’re facing a shoplifting or retail theft charge in Colorado Springs or anywhere in El Paso County, don’t wait to get legal advice. Decisions made early in a theft case can affect whether plea options remain open, whether diversion is available, and whether your record may ultimately be sealed.

Damascus Road Law Group offers a free case evaluation by phone or through our online contact form. Call (719) 354-2052 to speak with our Colorado Springs shoplifting defense attorneys today.