In Denver and Jefferson County, individuals are charged with Burglary not only for breaking and entering, but also for possessing the intent to commit a crime within the structure, car, dwelling, etc. In the news and on TV, burglars are always represented as figures hiding in the shadows with a ski mask. They are pictures as sneaking into a window of a mansion, or jimmying the lock on the back door of a jewelry shop. While these images are true, they only encompass a small portion of all crimes that fall under the burglary statutes. C.R.S. 18-4-202, 18-4-203 and 18-4-204 contain the three degrees of burglary that we will discuss in this blog.
First Degree Burglary in Arapahoe and Douglas County
First degree burglary in Arapahoe or Douglas County involves the unlawful entry, or unlawful remaining after a lawful or unlawful entry, in a building or occupied structure with the intent to commit a crime. Next, during the criminal episode, the person or his/her accomplice either: 1) assaults or menaces any person, 2) is armed with explosives or 3) uses a deadly weapon or threatens the use of a deadly weapon. An assault involves the causing of any injury to any person and menacing means an action or threat that places any person in fear of imminent serious bodily injury. While not an exhaustive list, explosives include grenades, bombs, Molotov cocktails or combination of chemical compounds that are combustible. Finally, the use of a deadly weapon can be as simple as showing any person a gun so that they will comply with demands.
First degree burglary is an extraordinary risk crime and crime of violence typically charged as a class 3 felony, carrying from 10 to 32 years in the Department of Corrections. If the first degree burglary includes the theft of a controlled substance, including marijuana, from a legal grower, dispensary or drugstore, then it is charged as a class 2 felony and carries 16 to 48 years in the Department of Corrections. Consult one of our experienced attorneys regarding other enhanced sentencing concerns.
Second Degree Burglary – Adams and Broomfield County
Second degree burglary in Broomfield or Adams County is defined as knowingly breaking and entering into, unlawfully entering, or remaining unlawfully after an unlawful or lawful entry in a building or occupied structure with intent to commit a crime therein. A person charged with second degree burglary of a business, not including a pharmacy, faces a class 4 felony with the possibility of 2 to 6 years in the Department of Corrections. If the burglar entered a another person’s house, apartment or condo, or any building or occupied structure with the intent to steal a controlled substance, including marijuana, being lawfully stored inside, then the person faces a class 3 felony with the possibility of 4 to 12 years under supervision of the Department of Corrections.
Third Degree Burglary in Gilpin and El Paso County
Third degree burglary in Gilpin or El Paso County is the typical cat burglar charge. The person with intent to commit a crime breaks into or enters a vault, safe, cash register, money depository, piggy bank, etc. The District Attorney’s Offices in each county charge third degree burglary as a class 5 felony with a possible 1 to 3 years under supervision of the Department of Corrections. If the object sought inside the safe, depository box or vault was a controlled substance, then the offense becomes a class 4 felony and can result in the burglar spending 2 to 6 years within the Department of Corrections. Read more about Colorado’s three main burglarly crimes.
Do Not Fight These Allegations Alone – Get a Lawyer’s Advice
Our experienced defense attorneys will fully investigate your case to find any possible defense. In Lakewood, Denver and Aurora, we question witnesses or hire investigators to meet and question witnesses on your behalf. The police often ignore witnesses that do not support their version of the story. We can travel to the location of the alleged burglary and examine evidence. We will meet with you, review police reports, and prepare your defense. As your lawyers, we care about what happens to you and we invest time in your case to fight for your innocence.
Our trained attorneys work with our clients to receive the best outcome possible. The results we achieve range from dismissal of the case, a deferred judgment and sentence, to a reduction in the possible sentence and fines. If you are being investigated or have been arrested for Burglary, remember to be smart, exercise your right to remain silent, and call us at 303-830-0880. Together we can protect your future.