A man in Fort Collins will have an odd tale of woe to tell employers when he’s interviewing for a new job. One drunken mistake cost this man his freedom, his job, and he now faces prison time. What happened to cause so much destruction? According to news sources, Fort Collins police responded to a call in the middle of the night from a woman who reported that she had seen a man she didn’t know, wandering around the neighborhood. After hearing sounds of someone coming into her home, she discovered a stranger standing in her house. He was attempting to steal a pair of children’s shoes. The 37-year-old man was arrested, fired from his job, and has been charged with Second Degree Burglary – C.R.S. 18-4-203 in Larimer County.
What is Second Degree Burglary in Fort Collins, Loveland and Estes Park?
Second Degree Burglary is normally a class 4 felony (when you enter a building unlawfully with the intent to commit a crime), but because the man broke into a home (a dwelling in Colorado Statute), he was charged with a class 3 felony. The sentence for a class 3 felony is 4-12 years in the Colorado Department of Corrections.
Difference Between Burglary and Trespassing
If the man had simply broken into the home, he would have been charged with Trespassing – C.R.S. 18-4-502, which is a class 5 felony. He would have faced up to 3 years in prison, instead of 12. Unfortunately, he decided to pick up a pair of children’s shoes while he was in the house. This “theft” increased the level of charges against him. Burglary is only committed if a person enters a building or home with the intent to commit a crime, while Trespassing is charged when a person simply enters a building or home unlawfully. Because the man was attempting to commit a crime (Theft – C.R.S. 18-4-401 of the child’s shoes), the charge was increased to Second Degree Burglary in Fort Collins.
Our Government Should Differentiate Between Violent People and Drunken Mistakes
It is absolutely ridiculous that this man could spend 12 years in prison. Obviously this man isn’t a career burglar who robs people of their possessions and threatens their lives. He was in good standing in the community, and had a very good job at a local newspaper as the sports writer. This was simply a foolish, drunken mistake. The reason he faces such serious charges is because he entered the home and decided to pick up a pair of children’s shoes. Clearly he was not trying to hurt anyone. He was just so drunk that he either thought the shoes were his, or was bringing them home to his own children. Either way, it is ridiculous that our justice system cannot differentiate between violent career criminals and good people who make a mistake under the influence.
If you or a loved one has been contacted by the Larimer County Sheriff or the Fort Collins, Loveland or Johnstown Police, be smart, exercise your right to remain silent, and contact an experienced criminal defense attorney at the O’Malley Law Office at 97-658-0007, or submit the “Get Help Now” form. Together, we can protect your future.
Source: The Coloradoan