Burglary is charged in Fort Collins and Larimer County when a person trespasses somewhere with the intent to commit another crime (usually Theft). A woman was recently arrested for this crime after the Cheeto dust on her face gave her away. According to the report, some homeowners called the police after a woman tried to break into their home. The woman had pried the screen off the window and entered. She was scared off leaving behind a bag of Cheetos on the floor, near the window. Later, when the woman was located, she was found with Cheeto dust on her face, the evidence that clinched the suspicion (that, and the homeowner positively identified her). If this had occurred in Colorado, the woman would likely be facing Trespassing or Attempted Burglary charges.
Larimer County Burglary Lawyer: Definition of Second Degree Burglary in Colorado
The Larimer County, Colorado law definition of Second Degree Burglary – C.R.S. 18-4-203 – is:
Again, commonly the other crime that is committed in a Burglary case is Theft. However, it really can be charged for committing any other crime. If the woman had entered the home and then broke a door (Criminal Mischief), that would be Second Degree Burglary.
Sentence for Second Degree Burglary After the Cheetos Rat You Out in Loveland and Estes Park
In Fort Collins, Loveland, and Estes Park, Second Degree Burglary is a class 4 felony unless there is an aggravator present. For this crime, the aggravators 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.
Because the woman entered someone’s home, the aggravator would be present.
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 your free initial consultation. Together, we can protect your future.
Photo by Giorgio Trovato on Unsplash