Burglar Under the Bed | Burglary in Fort Collins

A woman found a burglar under her bed. He later faced charges of Burglary.
A woman found a burglar under her bed. He later faced charges of Burglary.
Image Credit: Pixabay – susannp4

We have all heard of the Boogeyman hiding under the bed, but a burglar? That’s exactly what one woman found when she was searching for her cat. As she looked for her pet, she reached under the bed hoping to feel the soft fur. Instead, she felt human skin. Upon being ‘felt,’ the 25 year old Burglar jumped out from under the bed, ran out of the house, jumped a fence, and got away. Not for long, though, as police were able to catch him and the woman identified him as the burglar she found in her house. He is now facing 2nd Degree Burglary charges.

What is Second Degree Burglary in Fort Collins?

Colorado law defines C.R.S. 18-4-203 – Second Degree Burglary – as:

A person commits second degree burglary, if the person knowingly breaks an entrance into, enters unlawfully in, or remains unlawfully after a lawful or unlawful entry in a building or occupied structure with intent to commit therein a crime against another person or property.

Most commonly in Fort Collins, Loveland, Estes Park, this crime is associated with Theft. Burglary is basically Trespassing + any other crime. This definition also explicitly states, “to commit therein a crime,” so it could be any other crime like Assault or Murder. Most often the crime is Theft. Interestingly, if a person breaks into a home and is in violation of a restraining or protection order, they can be charged with Burglary. In this case, if the person breaking in and the person who owned the home had been in an intimate relationship, the charge would be Domestic Violence Burglary.

What is the Punishment for Second Degree Burglary in Larimer County?

2nd Degree Burglary is a class 4 felony, but it is a class 3 felony if:

  1. It is a burglary of a dwelling; or
  2. It is a burglary, the objective of which is the theft of a controlled substance, as defined in section 18-18-102 (5), lawfully kept within any building or occupied structure.

For this man, his Burglary charge would be a class 3 felony, because it was the Burglary of a dwelling. “Dwelling” obviously means a home, but can also be an attached garage or even a house under renovation that is intended to be used for habitation in the future. A class 3 felony is punishable with 4 to 12 years in the Colorado Department of Corrections and up to $750,000 in fines.

If you or someone you love has been arrested for Burglary, be smart, exercise your right to remain silent, and call the experienced criminal defense lawyers from the O’Malley Law Office at (970) 658-0007 to schedule a free consultation. Together, we can protect your future.