Burglary Attorney in Fort Collins
If at First You Don’t Succeed… Try, Try Again

A man was arrested again after a second try Burglary was unsuccessful. Read more about this story and Burglary charges in Colorado.

Burglary is charged in Fort Collins and Larimer County when a person trespasses on another’s property with the intent to commit another crime, often Theft. A man has been keeping law enforcement busy after being arrested twice in three days for the same crime – Burglary. According to the report, the man was first arrested after he was caught on surveillance camera using a saw to try and get into a closed restaurant. When law enforcement arrived, he was still in possession of the saw and was arrested. After he was released on bond, three days later he was again contacted by law enforcement trying to flee a business at 1:00 a.m. carrying merchandise from the store. They found a boarded-up window had been compromised. He was again arrested and charged with another Burglary case.

Larimer County Second Degree Burglary Lawyer: Definition of 2nd Degree Burglary in Colorado

The Larimer County, Colorado law definition of Second Degree Burglary – C. R.S. 18-4-203 – is:

(1) 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.

The sentencing for 2nd Degree Burglary is as follows:

  • Second degree burglary is a class 4 felony
  • Second degree burglary is a class 3 felony if:
    • It is a burglary of a dwelling;
    • The objective of the burglary is the theft of a controlled substance; or
    • The objective of the burglary is the theft of one or more firearms or ammunition.
  • Second degree burglary is a class 2 misdemeanor if the person knowingly violated a written notice by a retailer or an order by a court of lawful jurisdiction specifically restraining a person from entering a particular retail location during hours which the retail store is open to the public.

Second Try Burglary in Loveland and Estes Park: Intent to Commit Another Crime

In Fort Collins, Loveland and Estes Park, Second Degree Burglary has two main elements:

  1. Trespassing (illegally entering or remaining)
  2. Intent to Commit Another Crime

For the first Burglary, the man was likely charged for illegally entering the patio of the restaurant and causing property damage (Criminal Mischief) as the other crime. Because the man was caught with the store merchandise in his hand when he tried to flee from police on the second Burglary, then the other crime in this case would be Theft.


If you or someone you love has been charged with Burglary, be smart, exercise your right to remain silent, and contact the best criminal defense attorneys from the O’Malley Law Office at 970-658-0007 to schedule a free initial consultation. We also practice in Greeley – Weld County. CLICK HERE TO VISIT OUR GREELEY WEBSITE. Together, we can protect your future.

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