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June 2013 Archives

Burglary Essentials from a Denver Attorney, Part 2

In Arapahoe, Douglas and Denver County, people charged with burglary are accused of going inside a structure with the intent to commit a crime. This can involve a house, a business or even a locked container. The element of this crime are what separate it from the crime of trespass, where there is merely an unlawful entry. The defendant who is arrested and prosecuted will be alleged to have been trying to commit an underlying crime following an unlawful entry - usually something like theft or assault. This offense increases in severity if a residence is entered, and is least severe with a container. While a business is a private place where no one should enter without permission (2nd Degree Burglary), Colorado values the sanctity of the home the most.

Burglary Essentials from a Denver Lawyer, Part 1

In Jefferson, Adams, and Broomfield County, men and women charged with burglary are accused of unlawfully entering a home, business, facility or locked structure with the intent to commit a crime. This crime element is what separates this crime from simply trespassing. The person charged must intend to commit an underlying crime and most typically that involves allegations of intent to commit theft, but it could be any underlying crime like vandalism or assault. The degree or severity of the offense depends on the type of facility that was entered unlawfully and the underlying crime.

Theft, C.R.S. 18-4-401: Denver Lawyers Who Can Help

Felony and misdemeanor Theft cases under Colorado law (C.R.S. 18-4-401) can be very difficult to maneuver through the legal system and require the help of an experienced Denver area criminal Lawyer. Police detectives in Aurora, Lakewood, and Denver are often quick to charge theft crimes without actually being able to prove that it happened. That's where a trial attorney can be worth their weight in gold. The attorneys at the O'Malley Law Office are knowledgeable to the schemes and tricks of the cops and District Attorneys.

Child Abuse & Assault by Pepper Spray, C.R.S. 18-6-401

Colorado Springs police were recently searching for a man who is accused of assaulting (C.R.S. 18-3-204) a group of children who were bullying his son. The man allegedly sprayed four juveniles with pepper spray, yelled obscenities at them, and chastised them for assaulting his 8 year-old son. While it is unclear at this time whether the El Paso County District Attorney will be pursuing charges against this man, it is likely he will be charged with Assault and Child Abuse (C.R.S. 18-6-401).

Protection / Restraining Orders Used as Revenge & Control Tools

Protection / Restraining Orders issued by courts are supposed to be used to preserve the peace and protect victims of crimes. In today's world, however, we see people using them to get the upper hand on ex-spouses, ex-boyfriends and neighbors. Regrettably, courts are generally all to willing to allow this abuse to occur.

Theft Detection Devices, C.R.S. 18-4-417 - Denver Attorney

The Theft Detection Devices statute in Colorado (C.R.S. 18-4-417) is complex and requires the help of an experienced attorney to fight alleged charges. This law works to cover almost any device that can be used to help facilitate Shoplifting or Theft (C.R.S. 18-4-401). Any violation will be charged as a class 1 misdemeanor in Colorado courts. Class 1 misdemeanors in Colorado carry a maximum punishment of up to eighteen (18) months in jail and up to a $5,000.00 fine.

District Attorneys as Prosecutors Have Special Responsibilities

You may not always know it when seeing them in court, but District Attorneys have special rules regulating their conduct in a felony or misdemeanor case, like Forgery, C.R.S. 18-5-102, in Denver, Arapahoe and Jefferson County. If they violate these rules, a prosecutor can face suspension of their law license or, in the worst of cases, disbarment.

Denver Sex Offender Registration / Deregistration - Overboard

If we were talking about monitoring men and women who have grabbed strangers and raped or molested them in a violent way, I'd not be so upset over Colorado Sex Offender Registration / Deregistration laws, including those related to Failure to Register. But that is not the case. In an effort to look like they are doing something productive (and therefore should be reelected), our state legislature continues to make it impossible for people to serve their time, learn their lesson, and move on.

Second Degree Kidnapping with Domestic Violence

The crime of Second Degree Kidnapping sounds terrible - like something you'd only see on television. Yet, did you know the District Attorneys in Arapahoe, Douglas and Denver County charge this crime when a man pushes or pulls his girlfriend from one room to another during a fight? Anyone who has ever been in an argument with a boyfriend or girlfriend knows that couples sometimes elevate things where one person pushes or pulls the other and is charged with Domestic Violence.

Disorderly Conduct, C.R.S. 18-9-106 - Colorado Neighbor Disputes

A Commerce City man was charged with Disorderly Conduct (C.R.S. 18-9-106) and having a dog at large after he allegedly threatened his neighbor with a shovel. Apparently one neighbor was shoveling snow this winter when his neighbor's dog came running out towards him. He said he just used his shovel to "shoo" the dog away, but the dog's owner became irate and threatened to hit him with his own shovel. Many misdemeanor cases filed in Arapahoe, Broomfield, and Adams County are a result of neighbors acting, well, un-neighborly.

Eluding, C.R.S. 18-9-116.5: High-Speed Chase in Colorado

A driver took police on a high-speed car chase through southern Colorado that lasted about 100 miles and more than two hours. The incident began when a Colorado State Patrol trooper attempted to stop the driver for speeding just south of Walsenburg. The driver sped away and headed south towards La Junta and through two counties, Las Animas and Otero.  Troopers caught up to the man who was allegedly combative, and he was taken down and into custody. Although it is unclear exactly what charges this man is facing, it is likely that he will be charged with Vehicular Eluding (C.R.S. 18-9-116.5) and Resisting Arrest (C.R.S. 18-8-103) along with a myriad of traffic offenses.

Sexual Assault / Rape, Incapable of Consent

Nowadays, everyone knows that in sex no means no. But what about sexual encounters where the person does not say no and in fact they may say yes by words or actions, only to later claim that they were under the influence of drugs or alcohol. In these circumstances, the person may claim that they are the victim of sexual assault.

Possession of a Weapon by Previous Offender Attorney in Denver

Throughout Colorado in Denver, Douglas, and Arapahoe County, people are charged with Possession of a Weapon by Previous Offender (C.R.S. 18-12-108) and they need a criminal defense lawyer who knows how to fight these alleged charges. Charges in a case like this can come from a variety of circumstances where someone may or may not be aware they are unable to legally possess a gun or firearm.

Concurrent vs. Consecutive Sentencing in Colorado

When a defendant is convicted of more than one offense, a sentencing court has discretion to impose consecutive or concurrent sentences. Consecutive sentences are back to back, meaning they don't overlap while being served. You must finish one before beginning to serve the other. Concurrent sentencing for a felony or misdemeanor committed in Denver, Jefferson or Douglas County will permit the defendant to serve sentences at the same time - or overlapping.

Criminal Mischief Denver Lawyers, C.R.S. 18-4-501

In Arapahoe, Douglas, and Denver County, Criminal Mischief, C.R.S. 18-4-501, is a frequently charged crime involving the destruction of the property of another. Defenses can be successful with the assistance of a lawyer to fight the charges. Damaging someone else's property can be charged as either a misdemeanor or a felony. The charge is based upon the amount of money it will take to repair or replace the property.

Menacing with Self Defense in Colorado

I don't like bullies. I remember them from high school and am glad they are punished in the real world. Today, threats can be used to protect people from dangerous situations like the threat of a car-jacking or a sexual assault. I wish the government would realize this. With Menacing cases in Denver, Adams and Broomfield County, we are finding DAs ignoring the reality that threats and guns can be used to stop crime.

Sexual Assault on a Child - Easy Allegations in Denver

As a lawayer, I hate to be seen as insensitive to kids or blind to the reality that Sexual Assault on a Child occurs in the Denver metro area. I know this crime does occur in the real world. I like kids too. Here is the BUT: These cases are easy to allege and District Attorneys and Police investigators don't ask the hard questions of alleged victims. They love saying, "believe the children".

Probation Officers and a Probation Sentence

Probation is a system in all Colorado jurisdictions where people convicted of a crime are supervised by a probation officer, under terms and conditions ordered by a judge.  The officer is required to ensure that a probationer receives treatment, pays his court costs, and stays employed in Jefferson, Weld and Arapahoe County.  The bottom line is that the court and the officer try and indentify what was broken about the defendant which caused him to commit a crime and fix it.

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Case Results:

  • 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.

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