Felony Charges for “Slipping”: When Shoplifting Crosses the Line

Shoplifting — or as some call it, “slipping” (quietly concealing an item in a pocket, bag, or cart without paying) — might seem like a minor offense. However, in Colorado, even a single act of retail theft can carry serious legal consequences. Depending on the value of the merchandise and prior history, a shoplifting charge can escalate from a misdemeanor to a felony, bringing lasting effects on your record, reputation, and future.

At Thomas & Associates, our criminal defense attorneys have seen how a simple mistake or misunderstanding can quickly turn into a life-altering legal battle. This article explains what constitutes shoplifting in Colorado, when it becomes a felony, and what you can do if you’re facing these charges.

What Colorado Law Says About Shoplifting

Under Colorado Revised Statutes §18-4-401, shoplifting falls under the broader category of theft. A person commits theft when they knowingly obtain, retain, or exercise control over someone else’s property without authorization — and intend to permanently deprive the owner of that property.

In plain terms, that means it’s not just about walking out of the store with unpaid merchandise. The following acts may also qualify as theft:

• Hiding or concealing an item while in the store.
• Altering or removing a price tag.
• Switching packaging to pay a lower price.
• Returning stolen goods for a refund or store credit.

Even if you never make it past the exit doors, the intent to steal is often enough for prosecutors to pursue charges.

When Shoplifting Becomes a Felony in Colorado

Colorado classifies theft — including shoplifting — by the value of the stolen property.

Here’s how the law breaks it down:

In short, stealing merchandise valued at $2,000 or more can result in felony charges — even if it was a first offense.

Other Factors That Can Elevate a Shoplifting Charge

Beyond the dollar value, several factors can push a theft case into felony territory:

1. Repeat Offenses:
   Colorado law allows prosecutors to consider prior theft convictions when deciding whether to file felony charges.
2. Organized Retail Theft:
   Participating in or coordinating with others to steal items for resale or distribution can automatically qualify as a felony.
3. Use of Theft Devices:
   Tools designed to remove security tags, bypass alarms, or conceal merchandise can enhance the severity of the charge.
4. Combination of Incidents:
   If multiple thefts are committed within a six-month period from the same store or retailer, the total value of stolen property can be added together — potentially crossing the felony threshold.

The Penalties for Felony Shoplifting

A felony shoplifting conviction in Colorado can result in:

• State Prison Time: From one year to over a decade, depending on the felony class.
• Substantial Fines: Ranging from thousands to hundreds of thousands of dollars.
• Restitution: Courts often require repayment for the value of stolen items or damages.
• Probation or Community Service: In some cases, alternative sentencing may replace or reduce prison time.
• Permanent Criminal Record: A felony conviction can follow you for life, appearing on background checks and impacting job and housing applications.

Even after serving a sentence, the long-term impact of a felony theft conviction can be devastating — affecting employment opportunities, professional licenses, and personal reputation.

Legal Defenses to Shoplifting Charges

Being accused of shoplifting doesn’t automatically mean you’ll be convicted. At Thomas & Associates, our defense strategy begins by carefully reviewing the evidence and identifying weaknesses in the prosecution’s case. Common defenses include:

1. Lack of Intent:
   If the prosecution can’t prove you intended to steal — for example, if you accidentally walked past a register while distracted — you may have a strong defense.
2. Mistaken Identity:
   Surveillance video or eyewitness accounts are not always accurate. We work to challenge unclear or unreliable evidence.
3. Unlawful Search or Detention:
   If store security or police violated your rights while detaining or searching you, evidence obtained illegally may be thrown out.
4. Inaccurate Valuation:
   If the store overestimated the value of the stolen goods, the charge may be reduced from a felony to a misdemeanor.
5. Diversion or Plea Agreements:
   For first-time offenders, alternative programs such as deferred judgments or community service may help avoid a conviction altogether.

Our firm’s goal is always to protect your rights, minimize the damage, and pursue the best possible outcome — whether that means dismissal, reduction, or alternative sentencing.

How a Felony Conviction Affects Your Future

A felony shoplifting conviction can have lifelong consequences:

• Employment: Most employers run background checks, and theft convictions can disqualify candidates from many positions.
• Housing: Landlords may deny applications based on felony records.
• Education: Colleges and scholarship programs sometimes reject applicants with felony convictions.
• Immigration: Non-citizens may face deportation or visa denial.

Because of these consequences, it’s critical to act quickly if you’ve been charged. The sooner you contact a defense attorney, the stronger your chances are of protecting your record and your future.

What To Do If You’re Facing Shoplifting Charges in Colorado

If you or someone you love has been arrested for shoplifting — even for a small item — take the situation seriously. Avoid making statements to store security or police until you’ve spoken with a lawyer.

At Thomas & Associates, we understand how stressful and intimidating a theft charge can be. Our experienced Colorado criminal defense attorneys can help you understand your rights, challenge the evidence, and build a solid defense strategy tailored to your situation.

We believe that one mistake should not define your life. With skilled legal representation, you may be able to reduce or even eliminate the long-term consequences of a shoplifting charge.

Contact Thomas & Associates Today

A felony shoplifting charge can turn your world upside down — but you don’t have to face it alone.

If you’ve been accused of shoplifting or theft in Colorado, contact Thomas & Associates for a confidential consultation. We’ll review your case, explain your options, and fight to protect your freedom, your record, and your future. Call Thomas & Associates today to schedule your consultation.