Second Degree Burglary is charged in Fort Collins and Larimer County when a person is accused of unlawfully entering into someone’s home with intent to commit another crime. In today’s story, that other crime was Theft. According to the report, a woman was out of town when she received an alert from her security system. She opened the live view and watched an armed burglar steal jewelry from her home. Police were called, but they arrived just after the burglar had fled through the kitchen window. His face was partially visible in the security footage, but no one has been arrested at this point. If caught, the man will likely be facing charges of Second Degree Burglary.
Larimer County Live Streaming a Second Degree Burglary: Definition of 2nd Degree Burglary in Colorado
The Larimer County, Colorado law definition of Second Degree Burglary – C.R.S 18-4-203 – is:
Obviously, a stranger breaking into someone’s apartment would meet the standard of unlawful entry. The secondary crime in this case is Theft, which would be a crime against property.
Sentence for Second Degree Burglary in Loveland and Estes Park
In Fort Collins, Loveland, and Estes Park, Second Degree Burglary is charged as a class 4 felony unless aggravating circumstances exist. These aggravating circumstances include:
- 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 one of the aggravating circumstances apply, then the Second Degree Burglary is a class 3 felony. Because an apartment is considered a dwelling, then the class 3 felony would apply in the case above.
There is also a newer subsection to the Second Degree Burglary law where you can be charged with a class 2 misdemeanor 2nd Degree Burglary if you have been served a notice from law enforcement or a retailer forbidding you from entering the retail location and you still go back. For example, sometimes a store will ‘trespass’ someone if they are caught trying to shoplift. If they catch you back at the store another day, then you can face a misdemeanor Second Degree Burglary charge.
If you or someone you love has been charged with Second Degree 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 and Weld County. Click HERE to visit our Weld County website. Together, we can protect your future.
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