Burglary is a serious criminal offense in Fort Collins and Larimer County, Colorado, with harsh penalties that can have long lasting consequences. Whether you’re facing charges for breaking into a home, business, other building, it’s essential to understand the legal aspects of Burglary in the state, including the different degrees of the offense and the defenses available to you. If you’ve been charged with Burglary, it’s crucial to seek the guidance of an experienced criminal defense attorney who can help protect your rights and work toward the best possible outcome in your case.
Burglary Defense Lawyer in Loveland: What is Burglary in Colorado?
In Loveland and Estes Park, Burglary refers to unlawfully entering a building, structure, or vehicle with the intent to commit a crime inside, typically theft or vandalism. It’s important to note that, for a Burglary charge, the prosecution doesn’t need to prove that the defendant actually committed the underlying crime—just that they intended to commit a crime at the time of entry. This distinction is key to understanding how Burglary charges differ from Theft or Trespassing charges.
Degrees of Burglary in Larimer County, Colorado
Colorado law divides Burglary into different degrees, with penalties varying based on the severity of the offense and the type of property involved. These are:
First Degree Burglary (Class 3 Felony)
First Degree Burglary is the most serious form of Burglary in Colorado. It occurs when someone unlawfully enters a building or occupied structure with the intent to commit a crime and is either armed with a weapon or causes injury to someone during the commission of the Burglary. A conviction can result in 4 to 12 years in prison and fines up to $750,000.
Second Degree Burglary (Class 3 Felony, Class 4 Felony, Class 5 Felony or Class 2 Misdemeanor)
Second Degree Burglary involves unlawfully entering a building, vehicle, or other structure with the intent to commit a crime, but without the aggravating factors (such as violence or the use of a weapon) present in First Degree Burglary. This charge often applies in cases of breaking into a business or a home. It is also Second Degree Burglary if someone violates a no trespassing order issued by a retailer. Penalties for Second Degree Burglary range depending on which subsection a person is charged under.
Third Degree Burglary (Class 1 Misdemeanor or Class 2 Misdemeanor)
Third Degree Burglary typically refers to the unlawful entry into a vault, safe, cash register, coin vending machine, product dispenser, money depository, safety deposit box, or coin telephone. A Third Degree Burglary conviction can result in a sentence to the Larimer County Jail.
Key Elements of a Burglary Charge in Colorado
For a Burglary charge to hold up in Larimer County Court, the prosecution must prove the following elements beyond a reasonable doubt:
Unlawful Entry: The defendant must have entered a building, structure, or home without permission, whether by breaking in or simply entering without authority.
Intent to Commit a Crime: The defendant must have had the intent to commit a crime at the time of entry. This does not mean the crime had to be completed, but there must have been the intent to commit a crime such as theft, vandalism, or assault.
Penalties for Burglary in Colorado
Burglary convictions carry varying penalties depending on the Degree of the charge. Here’s a breakdown of possible penalties:
Class 3 Felony for First Degree Burglary or Second Degree Burglary: 4 to 12 years in the Colorado Department of Corrections, up to $750,000 in fines, and possible restitution to victims.
Class 4 Felony for Second Degree Burglary: 2 to 6 years in prison, up to $500,000 in fines, and restitution.
Class 5 Felony for Second Degree Burglary: 1 to 3 years in the Department of Corrections, up to $100,000 in fines, and possible restitution.
Class 1 Misdemeanor for Third Degree Burglary: up to 364 days in the Larimer County Jail, up to $1,000 in fines, and restitution.
Class 2 Misdemeanor for Second Degree Burglary and Third Degree Burglary: up to 120 days in the Larimer County Jail, up to $750 in fines, and possible restitution.
In addition to these penalties, a Burglary conviction could also result in a permanent criminal record, making it difficult to find employment or housing in the future. A skilled defense attorney can help minimize the impact of a conviction or work to have the charges dismissed entirely.
Why You Need an Experienced Criminal Defense Lawyer for Your Fort Collins Burglary Case
Burglary is a serious criminal charge in Fort Collins, Colorado, and a conviction can have severe consequences, including prison time, fines, and a permanent criminal record. If you are facing Burglary charges, it’s crucial to work with a skilled criminal defense attorney who understands the complexities of Colorado’s Burglary laws. With the right legal representation, you can explore all available defenses and work toward the best possible outcome for your case. Time is of the essence, so don’t delay in seeking legal help.
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. Together, we can protect your future.
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