Can You Be Arrested for Talking About Committing a Crime in Colorado?

What You Say Can Get You Charged. Here’s What the Law Actually Says.

You didn’t hurt anyone. You didn’t break into a house. You didn’t pull a weapon. You were just talking. Maybe you were venting. Maybe you were joking. Maybe you said something out of frustration or adrenaline. Then suddenly, the police are knocking on your door, or worse, putting you in cuffs.

So here’s the big question: Can you really be arrested in Colorado just for talking about committing a crime?

The answer is yes, in certain situations. And if you do not understand where the line is, you could end up facing charges that carry real jail time, fines, and a criminal record. At Shazam Kianpour & Associates, we have helped hundreds of clients who were shocked to learn they were under investigation simply for something they said. If this is happening to you, here’s what you need to know.

When Is Talking About a Crime Considered a Crime?

The First Amendment protects your right to speak freely, but not all speech is protected. Under Colorado law, you can face criminal charges if what you say crosses into one of the following areas:

1. Conspiracy
   This is the big one. A criminal conspiracy happens when two or more people agree to commit a crime and take any step toward carrying it out. That step could be minor. It could be buying a ski mask, driving by the location, or even texting about a possible time.
2. Solicitation
   This charge applies when you ask, encourage, or pressure someone else to commit a crime. You do not have to participate. You do not need to pay them. Just asking can be enough.
3. Threats and Menacing
   Making a threat, either in person, online, or over the phone, can be considered criminal if it causes the target to fear for their safety. Even if you never intended to follow through, you can be charged.
4. Attempt or Preparation
   Planning a crime and taking steps to prepare for it (buying tools, scouting a location, writing down a plan) can lead to criminal charges, even if you never act on them.

So yes, you can be arrested for talking about a crime in Colorado, but only if your words are paired with action or serious intent.

Real Life Examples of Charges Based on Conversation

Here are just a few situations we have seen result in arrests:

• Two teenagers text each other about “robbing a store for fun” and get caught looking up blueprints online

• A man jokes in a Facebook comment about bombing a government building and gets flagged by federal authorities

• A woman vents during an argument and says she wants to kill her ex. Someone overhears and calls the police.

• A group of friends discusses stealing from their workplace, and one of them actually takes something

In each case, the conversation seemed harmless until someone got scared, reported it, or authorities found evidence of planning.

What the Law Actually Says

Let’s take a closer look at a few specific laws in Colorado:

Conspiracy (C.R.S. 18-2-201)
A person commits conspiracy when, with intent to promote or facilitate a crime, they agree with another person to engage in conduct that constitutes a crime and take any overt act in furtherance of it.

Criminal Solicitation (C.R.S. 18-2-301)
It is a crime to command, encourage, or request another person to engage in specific conduct that would constitute a criminal offense.

Menacing (C.R.S. 18-3-206)
Making someone feel threatened with imminent serious harm, even if you do not act, can result in a Class 1 misdemeanor or even a felony if a weapon is involved.

In all of these cases, what matters is not just what you said, but what prosecutors believe you intended to do.

So What Counts as “Intent”?

Intent is a legal concept that prosecutors must prove to convict you. They may try to show that:

• Your language was specific, repeated, or matched past actions

• You took steps to carry out the plan (even small ones)

• You had a motive or something to gain

• The people you were talking to also took the conversation seriously

Intent can be inferred from texts, emails, social media posts, and even what your friends tell investigators. That is why defending these charges means controlling the narrative before prosecutors do.

What If You Were Just Joking?

We get this a lot. People say things in anger, in group chats, or during dark humor exchanges that sound threatening or criminal on paper but were never meant seriously.

The law does not always account for tone or sarcasm, especially if the other person claims they felt threatened.

This is why you should never assume that “it was a joke” will hold up in court. Prosecutors and judges deal with worst-case scenarios all day. If someone took your words seriously, you need legal protection fast.

Defenses We Use to Fight Back

Our attorneys at Shazam Law have successfully defended clients against conspiracy, solicitation, and threat charges using strategies like:

• Showing lack of intent

• Demonstrating no overt act was taken

• Proving the conversation was hypothetical, sarcastic, or exaggerated

• Challenging how the statements were interpreted

• Arguing First Amendment protection when applicable

• Showing that no crime was actually planned or attempted

These cases require precision and timing. Waiting to see what happens is almost always the wrong move.

What to Do If You’re Under Investigation

If law enforcement has contacted you, you need to be extremely careful with what you say next. Even a single conversation with police can make your situation worse.

Here is what to do immediately:

• Do not talk to police without an attorney

• Do not delete messages or social media content

• Do not contact the person who may have reported you

• Do not explain yourself over text or email

• Call our office and schedule a confidential consultation

Everything you say can and will be used against you, even if you think you are just clearing things up.

Why Call Shazam Kianpour & Associates?

Because we know how prosecutors build these cases, and we know how to take them apart. Whether your words were taken out of context or twisted to build a case, we will fight to make sure one conversation does not destroy your future.

• Decades of combined experience in criminal defense

• Former prosecutors who know how the other side thinks

• Thousands of satisfied clients across Colorado

• 24/7 availability and emergency response

• Clear communication, honest answers, aggressive action

You deserve more than a generic defense. You deserve a law firm that will dig into the details, speak for you when no one else will, and get results.

Speak Freely. But Know Where the Line Is.

If you or someone you know is being investigated or charged for something they said, whether it was a text, a joke, or a conversation that got misunderstood, call us. We will listen to your side, explain your options, and protect your rights from day one.

Call now to schedule a consultation. Your voice deserves a defense.