Burglary Lawyer for Denver
Throughout the Denver metro area, and in nearby Arapahoe, Jefferson and Douglas County, Burglary lawyers see different types of charges for Burglary within four main statute categories: First Degree Burglary, Second Degree Burglary, Third Degree Burglary, and Possession of Burglary Tools. First Degree is the most serious, and it relates to unlawful entry with a weapon into a home, apartment or other living unit where people can be found. We usually see this most serious charge with professional thieves going into a home to steal property like televisions, electronics, guns, and other valuable items which they can resell. Lesser charges of this crime typically involve a former lover going into a home to retrieve their belongings after a breakup, someone refusing to leave after being involved in a fight or drunk at a party, or a drunk person entering the wrong house to go to sleep. Here is a complete list of the Burglary charges we normally see in our law office:
Differences Between First, Second, and Third Degree Burglary
First-degree burglary, C.R.S. 18-4-202. This crime occurs when someone enters or unlawfully remains in a building, house, apartment, motel room, or garage, when the intruder is intending to commit some crime other than trespassing. The added element which sets this crime apart from others is the presence of a weapon or explosive on the person of the entrant, or conduct by the entrant amounting to assault or menacing in Adams, Larimer and Denver County. Colorado places a high priority on the safety of citizens in their home as a place to sleep and feel secure in our persons and possessions. This is the reason this crime has the most serious penalty. It is a class three felony, with a possible four to twelve years in the Department of Corrections.
Second-degree burglary, C.R.S. 18-4-203. When a person goes inside a building, house, apartment, motel room, garage or business intending to commit some crime (except trespass), they can be charged here. This degree of Burglary is different than the previous one because no one is assaulted or menaced, and no one has a weapon or explosive. The severity of this crime is lessened by the absence of these factors. We often see this crime charged against kids who enter into a garage to look for beer in a refrigerator. Theft is the underlying crime – apart from the wrongful entry. A garage is considered part of the home, which is a dwelling. If entry in made into a home, this can be charged as a class three felony. If it is a non-dwelling or business, it is usually charged as a class four felony.
Third-degree burglary, C.R.S. 18-4-204. Kids or drunk people often try and enter a vending machine, product dispenser, safe, cash register or vault – intending to steal its contents. While we sometimes see the professional thief breaking an entry of these machines, it is usually children or someone looking for some free snacks. Generally, people are charged with this offense in Boulder County, Colorado and nearby Weld and Larimer County, when they break into a vending machine to steal food or the money inside. This is a class 2 misdemeanor, with up to 6 months for a possible jail sentence.
What are Burglary Tools?
Click for a full article on: Possession of burglary tools, C.R.S. 18-4-205. Shoplifting with magnets, pliers, screwdrivers, or other tools used to defeat a security system in a store will often be charged as a class five felony, with one to three years in prison possible. On some occasions, we see professionals trying to gain entry into a home or business, but were caught before going inside. In this instance, the possession of the burglary tools is charged. It is not necessary that the tools be used to pick or pry open a lock. Tools which could pry open a window, door or gate easily qualify.
Any person contacted or stopped by police for suspicion of Burglary should politely refuse to speak with police, witnesses or any victim. Quickly contact our experienced criminal defense lawyers so they can begin work at once on your side, as we lobby for you with police, victims or the District Attorney. We can be reached 24 / 7 at 303-731-0719. Our payment plans will ensure that you have the type of excellent representation others have when charged with this serious crime. Above all else, always exercise your right to remain silent and call us quickly. Together, we can protect your future.
- Burglary common questions and answers