Burglary is charged in Fort Collins, Loveland, and Estes Park, when a person trespasses on someone’s property with the intent to commit another crime. A woman is facing a Second Degree Burglary charge after trying to protect herself from harm. According to the report, the woman was arrested after bringing law enforcement her husband’s guns because she was worried he would use them against her. He was in custody for trying to run her over with his car. While he was incarcerated, the woman entered her estranged husband’s apartment to gather his guns. The officers contacted the husband, who made statements that she was not authorized to enter his home and take the weapons. Because of this fact, the woman was arrested and charged with felony Burglary of a dwelling.
Larimer County 2nd Degree Burglary Lawyer: Definition of Second Degree Burglary
The Larimer County, Colorado law definition of Second Degree Burglary – C.R.S. 18-4-203 – is:
The article did not state if the woman actually broke into the home, but even entering without specific permission can meet the standard of this crime. The crime she allegedly committed inside the home was Theft – taking the guns from the husband’s possession with the intention of not giving them back.
Sentence for Second Degree Burglary in Fort Collins, Loveland, and Estes Park
In Fort Collins, Loveland, and Estes Park, Second Degree Burglary is a class 4 felony unless there is an aggravator involved. For this level Burglary, the following are aggravators:
- It is a burglary of a dwelling;
- The objective of the burglary is the theft of a controlled substance, as defined in section 18-18-102 (5), lawfully kept within any building or occupied structure; or
- The objective of the burglary is the theft of one or more firearms or ammunition
If any of these aggravators apply, then it is a class 3 felony. For the woman above, two aggravators apply in her case – she took the items from a dwelling and the object of the theft was firearms.