Have you been charged with Burglary in Fort Collins, Loveland, or Estes Park? It’s helpful to understand exactly what you’ve been charged with in order to effectively plan your defense. Burglary charges are complicated, which is why it’s in your best interest to work with an experienced criminal defense attorney to fight the charges against you. Let’s look closer at this crime and how it is charged in Larimer County:
In General, What is Burglary in Larimer County?
Burglary is charged when a person unlawfully enters a building or other structure with the intent to commit a crime. If a building is entered unlawfully without this intent, it is charged as Criminal Trespass. The level of severity of the crime is determined by what type of building is unlawfully entered, and the type of crime which is intended to commit.
First Degree Burglary – C.R.S. 18-4-202
A person will be charged with 1st Degree Burglary if the following elements are present in the crime:
- Unlawful entry into a building or occupied structure,
- With the intent to commit a crime,
- And during the commission of the crime, the person or participant in the crime assaults or menaces any person, carries explosives, or uses or threatens to use a deadly weapon.
First Degree Burglary is a class 3 felony, but if the person enters unlawfully trying to steal drugs, it is class 2 felony First Degree Burglary of Controlled Substances.
Second Degree Burglary – C.R.S. 18-4-203
A person will be charged with 2nd Degree Burglary if the following elements are present in the crime:
- Unlawful entry into a building or occupied structure,
- With the intent to commit a crime.
Second Degree Burglary is a class 4 felony, but is charged as a class 3 felony if the burglary was of a dwelling, or the objective of the burglary is the theft of a controlled substance.
Third Degree Burglary – C.R.S. 18-4-204
A person will be charged with 3rd Degree Burglary if the following elements are present in the crime:
- Breaks or enters into a vault, safe, cash register, coin vending machine, product dispenser, money depository, ATM, safety deposit box, coin telephone, coin box, etc.,
- With the intent to commit a crime.
Third Degree Burglary is a class 5 felony, but it is a class 4 felony if the objective of the burglary is the theft of a controlled substance.
Charged with Burglary? Why You Need a Criminal Lawyer
If you have been charged with Burglary, you need an experience criminal defense attorney by your side. This is because there are many elements to burglary cases. A lawyer with years of experience will know when the Larimer County District Attorney is overcharging you with a more severe form of Burglary, and can work out a favorable plea agreement or dismiss the case altogether. Don’t stand alone in court – work with a criminal defense attorney who will fight to win.
If you or a loved one has been charged with Burglary, be smart, exercise your right to remain silent, and contact an experienced criminal defense attorney at the O’Malley Law Office for a free consultation at 970-658-0007. Together, we can protect your future.
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