A recent headline caught my eye: A man was living in the ceiling of a local Denver restaurant, and was caught and arrested after falling into a wall and becoming trapped. He has been formally charged with Burglary and Criminal Mischief. Now, to the general public, it can be confusing that the man was charged with Burglary – he was living in the ceiling, not necessarily trying to steal anything. But, it's important to understand the definition of the crime and how you can be charged in Arapahoe, Jefferson, and Douglas County.

What Exactly is Burglary in Colorado?

In order to understand how a person can be charged with this crime, let's take a look at our simplified definition of Burglary:

“Burglary is charged whenever a person enters a building, house, apartment, motel room, garage, or business, with the intent to commit a crime.”

The important aspect of that definition is the final part – “with the intent to commit a crime.” In general, people tend to think that Burglary is Theft – but in fact, you can be charged with Burglary even if you didn't steal anything. It is more similar to Trespassing, with the added element of the intent to commit a crime while inside the building. Another variation of this crime is Domestic Violence Burglary, if it involves a current or prior intimate partner.

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Why Was the Ceiling-Dweller Charged with Burglary?

Image Credit: Pixabay – ClkerFreeVectorImages

According to the news, the police were called to the Denver Yard House restaurant after a man's feet came through the ceiling. When the police arrived, the man had disappeared. They spotted him walking through the wall space where the water pipes and HVAC system are housed. During his escape, the man broke a water pipe, which caused flooding in the restaurant and the hotel next door. But, the police still couldn't find the trespasser, until they heard strange noises coming from the wall. Apparently, the man had fallen about 20 feet from the ceiling, into the wall. They used a chainsaw to remove the man from the wall, and arrested him. He was most likely charged with Burglary, because his intent was to steal items from the restaurant. During the investigation, the police found beer caps, and could tell the man had been living there for quite some time. The additional charges of Criminal Mischief – C.R.S. 18-4-501, were added because of the damage done to the ceiling, wall, and flooding.

Burglary is a complex crime, which is why it's important to have an advocate in the courtroom.

Why You Need a Lawyer for Burglary Charges

Burglary is a complex crime in Adams, El Paso, and Boulder County. The police often overcharge people with this offense, and it can be difficult to know what your options for defense really are. This is why you need the expertise of a knowledgeable criminal defense lawyer. Don't let the police overcharge you in an attempt to bully you into pleading guilty. Protect your future by calling an attorney at our office for a free consultation, or to arrange a jail visit to the Denver County Jail. Here at the O'Malley Law Office, we fight to win.

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If you or a loved one has been charged with Burglary or Criminal Mischief like the man in the ceiling, be smart, exercise your right to remain silent, and contact an experienced criminal defense attorney at the O'Malley Law Office for a free consultation at 303-830-0880 for a free consultation. Together, we can protect your future.Request a Free Consultation