Second-degree burglary is a serious offense in Larimer County that can involve several different actions. If someone lawfully enters a building or business, but unlawfully remains with the intent to commit a crime, criminal charges can follow. A man recently chose to enter a popular warehouse club and hide behind a display for over 5 hours, eventually smashing a jewelry case and stealing $13,000 worth of jewelry. Accusations of unlawfully remaining to commit a crime require expert representation from an experienced burglary defense attorney.
Second-Degree Burglary Charges in Colorado
C.R.S. 18-4-203 describes the specifics of second-degree burglary in Fort Collins, Loveland, and Estes Park. A person commits this offense if they:
- knowingly break an entrance into,
- enter unlawfully in,
- OR remain unlawfully after a lawful or unlawful entry in,
- a building or occupied structure,
- with the intent to commit a crime against a person or property
The case above is a clear example of circumstances where a person has permission to enter a retailer, but remains after hours to commit a theft. Additionally, burglary applies in this situation because the man’s intent appears to have been formed prior to entering the warehouse club. If the intent to commit a crime is formed after entry, burglary doesn’t apply.
It is also important to note that actions such as breaking in and entering unlawfully can be as simple walking through the front door of a location without permission to be there.
Consequences of Second-Degree Burglary in Larimer County
Burglary in the second degree is a most often a class 4 felony in Fort Collins and Loveland. A conviction can mean 2 – 6 years in the Colorado Department of Corrections and fines of $2,000 – $500,000. However, 2nd degree burglary amplifies when the property is a dwelling (house, apartment, garage, etc) or the purpose of the crime is to steal a controlled substance. Now a class 3 felony, ramifications can include 4 – 12 years in prison and up to $750,000 in fines.
Larimer County Burglary Defense Attorney
Obtaining representation from a skilled burglary defense attorney is vital in cases involving the above elements. Prosecutors often seek maximum punishment, but a strategic criminal defense lawyer can mitigate in some situations. Perhaps the building wasn’t a dwelling or you formed the intent to commit the crime after entry. Nevertheless, contact Larimer County’s best defense attorneys for a free initial consultation. We will carefully analyze the elements of your case and suggest next steps in pursuing the best possible outcome.
If you or someone you know is facing burglary charges in Colorado, be smart. Contact the experienced defense lawyers at O’Malley and Sawyer, LLC at 303-731-0719. Together, we can protect your future.
Photo Credit: Unsplash – Henry & Co.