Denver Colorado Burglary - Questions and Answers

Colorado Burglary, C.R.S. 18-4-202, 18-4-203, Q & A

Are the Differences Between the Colorado Burglary Classes Important to Criminal Defense Lawyers?

They are very important as Burglary in Denver comes in three classes in Denver, Arapahoe, Jefferson, Larimer, Douglas and Adams County:First Degree Burglary, C.R.S. 18-4-202, Second Degree Burglary, C.R.S. 18-203, and Third Degree Burglary, C.R.S. 18-4-204. Your criminal defense lawyer will explain that First and Second Degree Burglary both relate to unlawful entry into a building or occupied structure to commit a crime. First Degree Burglary has the additional elements that a person is assaulted or menaced (menacing) in the process or one of the participants in the crime is armed with a deadly weapon or explosives. Third Degree Burglary involves breaking into equipment like a vending machine or cash register.

How Do Colorado Burglary Charges Usually Arise?

Generally, after a relationship goes sour, the woman "victim" tells the man to leave her residence or to not come back. The man then either refuses to leave, stating that he helped pay the rent, or he returns to pick up belongings after having been told to leave. In Denver and any other County, criminal defense attorneys know that Burglary requires that a crime intended to be committed at the time of entry. Otherwise, the crime is simply trespassing. The usual crime attached to a burglary charge is theft.

What Aggravates Burglary Charges in Colorado?

The use of force or violence in coming or going from the building or residence, or the possession of a deadly weapon, will greatly aggravate the case and cause a judge and district attorney to take a harsher approach. If the Denver or Fort Collins burglary involves controlled substances as the object of the theft, aggravated penalties are likely. Finally, it is seen as much less serious to burglarize a business compared to a house. The sanctity of our homes is highly valued and going into a home will get you additional penalties. In addition, with Colorado's Make my Day Law, you could easily be killed coming into someone's house.

Can Hiding Out in a Business in Colorado Lessen the Charges Against Me?

Hiding out and remaining in a business after it closes (or in a home) will make you susceptible to the same charges for Burglary in Weld County or any other Colorado County.

What Issues Dominate the Cases We See as Far as Police Investigations?

Police will need to prove that the accused was inside the real property (house or business) in Arvada, Aurora, Castle Rock and Highlands Ranch, and the timing of the entry, to charge Burglary. For example, if the accused has left the real property prior to police arrival, they will question suspects and try to get them to admit they were at a particular property. Fingerprints will only be of limited value if the accused had been on the property earlier with permission. Of course, the location of the fingerprints will be an important factor. If stolen property is located, police will need to get admissions that the accused was in the property vs. found or purchased the stolen property.

It is never ok to talk with police about your Colorado burglary or theft charges. If police contact you, exercise your right to remain silent and call us immediately at 303-731-0719. Together, we can protect your future.

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Sexual Assault and Rape charges related to divorce. Acquittal from jury trial. Weld County, Greeley, Colorado.

Sexual Assault on a Child, Possession of Child Pornography. Acquittal from jury trial. Jefferson County, Golden, Colorado.

Arson of Nursing Home. Dismissed by Court on Defendant's Motion to Dismiss. Jefferson County, Golden, Colorado.

Felony Drug Distribution. Acquittal from jury trial. Boulder County, Boulder, Colorado.

Rape and Sexual Assault charges involving divorce and child custody. Acquittal from jury trial. Douglas County, Castle Rock, Colorado.

Burglary and Felony Theft. Dismissed by District Attorney. Arapahoe County, Englewood, Colorado.

Theft of Drugs by Nurse. Dismissed by District Attorney. Jefferson County, Golden, Colorado.

Sexual Assault on a Child, Position of Trust. Acquittal from Jury Trial. Adams County, Brighton, Colorado.

Domestic Violence. Dismissed by District Attorney. Douglas County, Castle Rock, Colorado.

Violation of Restraining Order. Dismissed by District Attorney. Douglas County, Castle Rock, Colorado

Rape and Sexual Assault on a Child by Position of Trust. Dismissed by District Attorney during trial. Douglas County, Castle Rock, Colorado.

Animal Cruelty. Acquittal from jury trial. Jefferson County, Golden, Colorado.

Domestic Violence, Elderly. Dismissed by District Attorney. Douglas County, Castle Rock, Colorado.

Felony Interference with Public Transportation (train system). Deferred Judgment & Dismissed. Douglas County, Castle Rock, Colorado.

Sexual Assault on a Child. Acquittal from jury trial. Grand County, Hot Sulphur Springs, Colorado.

Homicide (Murder), Deadly Weapon. Dismissed by District Attorney. Denver County, Denver, Colorado.

Commercial DUI. Dismissed at DMV. Deferred judgment and sentence at trial court. Larimer County, Fort Collins, Colorado.

Felony Marijuana Possession (large quantity). Deferred judgment and sentence. Denver County, Denver, Colorado.

4th Degree Arson. Dismissed by District Attorney. Weld County, Greeley, Colorado.

Felony Drug Possession. Dismissed at Motions Hearing by suppression of evidence. Denver County, Denver, Colorado.

Felony Assault on Police Officer. Acquittal from jury trial. Jefferson County, Golden, Colorado.

Deregistration of Juvenile Sex Offender. Arapahoe County, Aurora, Colorado.

Felony Violation of Bail Bond Conditions. Dismissed by District Attorney. Broomfield County, Broomfield, Colorado.

Sexual Assault on a Child (3 alleged victims). Acquittal from jury trial. Adams County, Northglenn, Colorado.

Child Abuse. Deferred judgment and sentence. Jefferson County, Golden, Colorado.

DUI - Department of Motor Vehicles. Dismissed following hearing. Jefferson County, Lakewood, Colorado.

Child Abuse. Acquittal from jury trial. Adams County, Thornton, Colorado.