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- posted: Feb. 20, 2026
- Criminal Defense
In Colorado, the core of any theft prosecution is proving “intent to permanently deprive.” Unlike crimes defined simply as possession of someone else’s property, the prosecution prove a specific state of mind. Many people are arrested for theft in situations involving temporary borrowing, confusion or even returning property. Picking apart the prosecution’s proof of intent can make or break a defense.
Under Colorado Revised Statutes § 18-4-401, a person commits theft when they knowingly obtain, retain or control another’s property without authorization and with the intent to permanently deprive the owner of its use or benefit. If a person did not mean to keep the property for good, but instead simply made a mistake or planned to return it, then a theft may not have occurred.
To prove intent, prosecutors often rely on circumstantial evidence. They may point to things a person said during or after an incident; suspicious behaviors such as hiding property or quickly leaving the scene; or other details such as the value of the property or the relationship between the people involved. They frequently ask the jury to infer intent from the situation. However, inferences can be wrong, especially when honest errors or misunderstandings are at play.
Intent can often be unclear. Theft charges might be lodged based on borrowing of a vehicle that goes on for a little too long, absent-mindedly picking up the wrong coat at a party or taking something in the belief it was abandoned. If someone realizes a mistake and comes back to return the property, they may not have had the required criminal intent.
Other situations where intent is murky are:
a shopper confused by self-checkout technology
friends or roommates lending and borrowing
employees using workplace tools
property taken amid messy breakups or heated arguments
disputes among business owners over certain assets
Defense lawyers use multiple strategies to disprove intent. They might show that their client was mistaken or believed they had permission. Evidence such as text messages, security footage or statements made at the time can establish that the property was going to be returned or that no theft ever occurred. Undermining witness credibility, exposing gaps in the prosecution's case and demonstrating lack of motive can also cast serious doubt on intent.
Inconclusive proof of intent can have a bearing on the degree of the crime and consequent punishment. The value of the item allegedly stolen bears on whether the charge is a misdemeanor or felony. If the intent to permanently deprive is lacking, charges may be downgraded or dismissed. An experienced theft crime defense lawyer can prepare a strong defense and advocate for the best possible resolution.
At Polansky Law Firm in Boulder, we provide experienced and skilled defense to Colorado residents accused of theft crimes such as robbery, burglary, embezzlement and carjacking. Call 303-415-2583 or contact us online to arrange a consultation.
