Get The Defense You Need Against Second-Degree Burglary Charges
The main difference between First- and Second-Degree Burglary in Douglas, Denver, Gilpin, El Paso or any other county in Colorado is the possession and use of a weapon. Second-Degree Burglary is simple the breaking and entering of a building or occupied structure with the intent to commit a crime inside. No weapon must have been used or attempted to be used in order for law enforcement charge this crime.
I am charged with Second-Degree Burglary, am I going to prison?
This may be the most common question we are asked and the answer is based on a whole host of factors. First and foremost it is important to note that Second-Degree Burglary of a (nonresidence) building is usually charged as a class 4 (F4) felony in Colorado and that it presumptively carries a potential prison sentence of two to six years with a mandatory three-year parole term (if the court decides to sentence you to DOC). If the building that is broken into is a house, home, or residence, then the Second-Degree Burglary is charged as the much more serious class 3 (F3) felony and the potential prison sentences are now doubled. In other words, F3 Burglary in the Second-Degree in Colorado carries with it from four to 12 years in prison and a mandatory five-year parole term.
Are Burglaries in Colorado common?
Unfortunately, the answer is yes. With the recession not getting any better, and financial issues burying our families and friends in more and more bills, often people turn to burglary out of desperation. You have a neighbor, he has a cash box in his garage and you know where he keeps $500. You are desperate to make rent this month, and you know the neighbor will not miss the money for a while. You are good friends but you are too embarrassed to ask him for a loan. He always keeps his garage open into the late hours of the night as he has a workshop and tools that he uses in there all the time.
You walk into his garage; you open his cash box, and you “borrow the money” just for a couple of weeks. You plan on putting the cash back on payday and you are sure he will never know. Well, you didn’t realize that his daughter was just pulling up from soccer practice and saw you walking out of the garage. She tells dad who checks the cash box, and calls the police. You are about to get charged with a class 3 felony Second-Degree Burglary of a dwelling in Colorado. You can expect a misdemeanor Theft charge as well. Your life as you know it just went from bad to much worse. What happens?
Well, hopefully the first thing you do is call Shazam. We are Second-Degree Burglary lawyers in Colorado and have successfully defended countless burglary charges. Our team of criminal defense attorneys understands that people make mistakes, and we can help you right the ship and put you back on course again. Call us for a free consultation today at 303-578-4036.
My ex-girlfriend started dating again, I “walked into” her apartment and caught her with another guy. We had an argument, why am I charged with a Burglary?
Unfortunately, most people think they have to physically “break into” a place by breaking the door, window, or lock. In the Colorado Burglary statute, “breaking and entering” can be as simple as just walking past the door barrier even if it is open or unlocked. So when you walked into her apartment, even if her door was unlocked or even open, the moment you passed the threshold of the door, you had broken in.
Secondly, it is not important that you did not try to steal anything. Any crime, even something as simple as Harassment, Threats, or even intent to violate a restraining order is enough to satisfy the necessary requirement of “intending to commit a crime therein”. Don’t go it alone, the district attorney will not be very understanding of your emotions in these situations. Prosecutors are there to protect the community; they are not worried about your personal concerns. You need somebody on your side. You need a team of burglary lawyers in Colorado who have defended these cases before and the fact that you are reading this means you have found the right criminal lawyers for the job.
We Can Help. Call Us Today!
Our goal is to keep you out of prison, and try and secure an arrangement where you do not get a felony on your record. If you already have a felony from a previous case, then prison is a serious possibility and you will need to speak to a qualified burglary attorney today to try and avoid any more incarceration. Whether it is in Adams, Broomfield, Jefferson, Douglas, Arapahoe, any other county, or even Denver County itself, we have been there, and defended the felony charges that the prosecutor is trying to put you away with. We are the beginning of the solution to your case. Contact us online or call us and speak to a burglary lawyer for free today at 303-578-4036!