This is the most serious type of Burglary charge in Colorado and is most often filed as a class 3 felony (F3). In most instances, Class 3 Felony First-Degree Burglary can carry a presumptive range of prison (DOC) from four to 12 years and that includes a mandatory five-year parole term. If the burglary occurred in a pharmacy or another business, which is in lawful possession of drugs, and the intent was to steal the drugs, then the First-Degree Burglary is charge as a class 2 felony (F2) and is considered incredibly dangerous and serious. Class 2 Felony Burglary can a presumptive range of eight to 24 years in DOC and also carries a five-year mandatory term of parole. In certain instances if Habitual Burglary charges are filed, a person may face up to a mandatory 48 years in prison.
So what exactly is First-Degree Burglary?
Burglary in the First-Degree is when a person breaks and enters a building or occupied structure with the intent to commit a crime therein, and they took a weapon with them and used or tried to use the weapon in the commission of the crime. Believe it or not, this is a new and better Burglary law in Colorado than before. Previously, just having the weapon (gun, knife, bat, etc.) on your person was enough for this serious charge. In a refreshing change of pace, the Colorado legislature has actually changed the law to state that not only must the person have a weapon, but they must also have tried to use it in the actual commission of the crime. This means if you had a weapon on you, but nobody knew, and you did not brandish it or try to use it, then in theory law enforcement should charge a lower level burglary than First-Degree Burglary.
My son or boyfriend is charged with First-Degree Burglary and I am terrified, what will happen?
We understand your fear and we are here to help. No Colorado Burglary attorney can say for sure what will happen without getting involved in the case, reviewing the police file, and speaking to the prosecutor on the case. The key is to make sure that the person charged doesn't speak to the police and admit anything. Often a resolution can be reached but it will take time, and lots of work, so try to be patient.
Call Us Today! We Can Help.
Give our office a call for a free consultation at 303-578-4036 and one of our Colorado Burglary defense lawyers can walk you through the law and the steps involved with the criminal procedure of a Burglary charge in Denver, Boulder, Broomfield, Larimer, or any of the counties in the metro area and beyond. Why call us? Because when you need us, we are there for you.