When I read about burglary cases, I sometimes hear of strange items people take after breaking into a building or occupied structure. For one man, a Hello Kitty bag was among several items he took from a home he had broken into. According to the news story, when a homeowner came home, she saw her home had been broken into. The man who had broken into her home immediately ran out the back door upon seeing her. When identified by police, the man allegedly had stolen several items in addition to the bag, including a laptop, wallets and various watches. The man was found wearing one of the watches, and many of the stolen items were found within the Hello Kitty bag. In Adams and Douglas County, the man could be charged with Second Degree Burglary and Theft.
Facing charges of Burglary?Get Help Now!
Second Degree Burglary Charged With Other Crimes in Denver
In Denver and Aurora, and across Colorado, Second Degree Burglary, C.R.S. 18-4-203, is usually charged with other crimes. That's because 2nd Degree Burglary is charged when a person knowingly breaks an entrance into, enters unlawfully in, or remains unlawfully after a lawful or unlawful entry in a building or occupied structure with intent to commit therein a crime against another person or property.
Because the man in the news story allegedly broke into a woman's home unlawfully and left with stolen items, he could be charged with Second Degree Burglary. A Denver District Attorney would argue he had intent to commit a crime after breaking into the home. The prosecution must prove a defendant intended to commit a crime against another person or property after breaking into a building or occupied structure to be convicted of Second Degree Burglary.
Theft Cases Often Overcharged in Arapahoe County
In Arapahoe and Adams County, Theft is charged whenever a person knowingly obtains, retains, or exercises control over anything of value of another without authorization or by threat or deception; or receives, loans money by pawn or pledge on, or disposes of anything of value or belonging to another that he or she knows or believes to have been stolen; and“
(a) Intends to deprive the other person permanently of the use or benefit of the thing of value; (b) Knowingly uses, conceals, or abandons the thing of value in such manner as to deprive the other person permanently of its use or benefit; (c) Uses, conceals, or abandons the thing of value intending that such use, concealment, or abandonment will deprive the other person permanently of its use or benefit; (d) Demands any consideration to which he or she is not legally entitled as a condition of restoring the thing of value to the other person; or (e) Knowingly retains the thing of value more than seventy-two hours after the agreed-upon time of return in any lease or hire agreement.
Because the man in the news story knowingly obtained, retained or exercised control over items of value without authorization and likely intended to deprive another person permanently of the use or benefit of the things of value, he could be charged with Theft. In Colorado, Theft cases are frequently overcharged. All stolen items are aggregated (added together) and charged in a single count. In other words, each of the items the man stole in this news story (the laptop, the Hello Kitty bag, the watches, and the wallets) will all be added together. Based on the dollar value that each item amounts to, the man could be charged with either misdemeanor Theft or felony Theft.
Petty Offense Theft, Misdemeanor Theft and Felony Theft are charged according to the dollar values below:
Class of Petty Offense / Misdemeanor Theft
Dollar Value of Stolen Item
Jail SentenceClass 1 Petty Offense If the item value is less than $50 Up to 6 months in the Jefferson County Jail / Up to $500 in fines Class 3 Misdemeanor If the item value is $50 or more but less than $300 Up to 6 months in the Arapahoe County Jail / Up to $750 in fines Class 2 Misdemeanor If the item value is $300 or more but less than $750 3-12 months in the Douglas County Jail Class 1 Misdemeanor If the item value is $750 or more but less than $2,000 6-18 months in the Denver County Jail
Class of Felony Theft
Dollar Value of Stolen Item
Colorado Department of Corrections SentenceClass 6 Felony Theft If the item value is $2,000 or more but less than $5,000 1 year to 18 months in prison Class 5 Felony Theft If the item value is $5,000 or more but less than $20,000 1 year to 3 years in prison Class 4 Felony Theft If the item value is $20,000 or more but less than $100,000 2 years to 6 years in prison Class 3 Felony Theft If the item value is $100,000 or more but less than $1,000,000 4 years to 12 years in prison Class 2 Felony Theft If the item value is $1,000,000 or more 8 years to 24 years in prison
Charged with Burglary and Theft? Contact the Best Denver Criminal Defense Lawyers
If you've been accused, arrested or charged with 2nd Degree Burglary or Theft in Denver or Highlands Ranch, contact one of our skilled criminal defense attorneys today. Our team of criminal attorneys has a high success rate because we work so hard to defend our clients. Check out our case results page. You need a strong advocate on your side to fight against exaggerated or unreasonable charges in court or trial. Contact us today.
Get Help Now
If you or a loved one has been charged with Burglary and Theft, be smart, exercise your right to remain silent, and contact the best criminal defense attorneys at the O'Malley Law Office at 303-830-0880. Work with an experienced lawyer who can fight for a better outcome in your criminal case. Together, we can protect your future.Request a Free Consultation
Image Credit: Pixabay – hesiyi