SECOND-DEGREE BURGLARY, C.R.S. 18-4-203
Second Degree Burglary Defense Lawyer, C.R.S. 18-4-203
Second Degree Burglary charges are similar to First Degree Burglary except that Arapahoe County prosecutors do not need to prove the accused burglar assaulted or threatened another person, or that a deadly weapon was used in the commission of the crime. The Deputy District Attorney assigned to a case in Douglas or Weld County just needs to prove the accused person broke into a building or occupied structure with the intent to commit a crime against another person or property. It is important to emphasize that it does not matter if another crime actually happens. It is the intention that counts.
2nd Degree Burglary Classifications
Second Degree Burglary is considered a Class 4 felony. But in an effort to dissuade drug dealers, the Colorado State Legislature has made it a Class 3 felony for someone to break in with the intention of stealing drugs. If someone breaks into an Adams or Douglas County area pharmacy, or even a private residence, to steal drugs, the risk of spending time in the Colorado Department of Corrections (DOC) goes much higher upon conviction.
Please see our other page links below for information on other types of Burglary charges, such as First Degree Burglary, Third Degree Burglary, and Possession of Burglary Tools.
Second Degree Burglary requires Denver County prosecutors to prove to a jury – beyond a reasonable doubt – that the defendant was trying to commit another crime, such as Theft, when making an illegal entry. Because of this, it is common (almost certain) for our clients to be charged with multiple counts following their arrest.
You Will be Overcharged – Don’t Enter a Plea You’ll Regret Later
There are many reasons why our clients get charged, and it is a mistake to think they are all guilty. It is also true that some of our clients made serious errors in judgment and broke the law. But what is almost always true, even when our client is not totally innocent: District Attorneys overcharge the crimes they prosecute. The common practice of overcharging is done in Denver, Jefferson and Weld County and all over Colorado. It is done in order to coerce defendants into pleading guilty and score an easy conviction without going to trial. Good people who are unfamiliar with the legal system and do not have an experienced defense lawyer on their side, often plead guilty to more severe crimes than they committed. Our job at O’Malley and Sawyer is to make sure this does not happen to you, and to see your side of the story is convincingly argued.
The consequences of a Second Degree Burglary conviction are significant, and you need aggressive legal representation for the best possible outcome. If you or someone you care about is being accused of this crime in Arapahoe, Saguache or Crowley County, exercise your right to remain silent and contact us at 303-731-0719 for a free consultation. Together, we can protect your future.
Additional Burglary crimes we defend include: