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1st Degree Burglary in Denver | Deadly Weapons and Assault

Posted by Kyle B. Sawyer | Feb 17, 2021 | 0 Comments

1st Degree Burglary

1st degree burglary in Denver is a serious crime that involves unlawful entry intending to commit a crime and assaulting someone or threatening them with a deadly weapon. The firearm or weapon doesn't have to be used for this charge to apply. Its presence coupled with the threat of using it can be enough. While many burglaries include breaking entry into a building or home, simply walking through an unlocked door to steal something and injuring or threatening someone inside can lead to a first-degree burglary charge. Penalties in these cases often include years in prison and high fines. Contact an experienced criminal defense attorney if you or someone you know is facing a burglary charge in Denver, Aurora, or Lakewood.

Denver First Degree Burglary Law

Denver's burglary laws prohibit acts of unlawful entry with the intent to commit a crime. CRS 18-4-202 provides the specific details of burglary in the first degree throughout Colorado. You commit this offense in Denver, Arapahoe, or Jefferson County if you:

  • knowingly enter or remain unlawfully in a building or occupied structure,
  • intending to commit a crime against a person or property (with the exception of trespassing),
  • AND you assault or menace someone, have explosives, use a deadly weapon, or possess and threaten use of a deadly weapon  

Deadly weapons can include a wide variety of objects from guns and knives to bats and tools. In some situations, even a hidden item that may represent a deadly weapon can qualify. Carrying a firearm during a burglary in Colorado will almost always elevate the charge to 1st degree burglary.

How Serious is 1st Degree Burglary in Denver?

 First-degree burglary is at minimum a class 3 felony throughout Colorado. A conviction in Denver, Arapahoe, or Jefferson County can lead to:

  • a prison sentence of 4 - 12 years,
  • fines of $3K - $750K,
  • 5 years of parole

If the target of the burglary was controlled substances and the other elements regarding assault or use of a deadly weapon apply, the crime increases to a class 2 felony. Additionally, if someone was assaulted during the burglary, their level of injury will have a significant impact on the consequences as well.

Denver Burglary Lawyer

Skilled representation is essential in any Colorado burglary case. The stakes are high and significant, long-lasting penalties loom for defendants. Our strategic criminal defense attorneys aren't afraid to take on serious cases and our priority is the best possible outcome for each client. Perhaps you were on the property lawfully, the aggravating factors shouldn't apply, or there was police misconduct. Nevertheless, contact our office today. One of our experienced criminal lawyers can confidentially talk through your unique case with you and suggest next steps in your defense. We offer same-day jail visits, affordable fees, and flexible payment plans for those facing violent crime accusations and property crime charges throughout the state of Colorado.

Don't talk to police about burglary allegations - talk to us. 303-830-0880

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About the Author

Kyle B. Sawyer

I have a passion for defending others in criminal cases. I am able to empathize with my clients and understand their emotions and fears. I have a unique perspective on the criminal justice system and I understand what it feels like to be wrongly accused of a crime.


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