Possession of burglary tools is a crime in Denver that involves someone intending to use an item that is meant to break into a business or residence to commit theft. This charge goes beyond simply having these items on your person, and typically results when these tools are present and you're somewhere you shouldn't be. There are several elements to this offense that require the expertise of an especially experienced criminal defense lawyer if facing accusations or charges.
Possession of Burglary Tools in Colorado
C.R.S. 18-4-205 defines the unlawful actions of possession of burglary tools in Colorado. Someone commits this crime in Denver, Cherry Creek, or Stapleton if they:
- possess any explosive, tool, instrument, or other item,
- adapted, designed, or commonly used for committing or facilitating an offense involving forcible entry into premises or theft by physically taking,
- AND intends to use the item or knows that someone intends to use the item for such an offense
Some of the more obvious items that qualify as burglary tools are things like crowbars, wrenches, and pliers. However, possession other items including screwdrivers, blowtorches, and certain magnets can also lead to criminal charges.
Is Possession of Burglary Tools a Felony in Denver?
Possession of burglary tools is often a class 2 misdemeanor throughout the state of Colorado. Conviction can lead to up to 120 days in county jail, as well as a maximum fine of $750. However, possessing burglary tools to enter a location and steal something inside is a class 5 felony that can lead to a few years in prison, a period of parole, and up to $100k in fines.
Charges of possession of burglary tools often accompany other offenses such as criminal trespass, theft, or burglary, increasing the potential ramifications. A felony can also result in difficulty finding and maintaining employment, passing criminal background checks, and the inability to obtain certain licenses.
Denver Defense Attorney
Unlawfully possessing theft tools can lead to time in prison, significant fines, and the penalties of a criminal record. Consulting a skilled criminal defense attorney early on is particularly crucial as vital evidence exists that requires careful analysis. Perhaps the tools weren't used to commit a crime or there was a lack of criminal intent.
Nevertheless, contact our office today for a free initial consultation. We will go over your burglary tools case with you, as well as suggest next steps. We offer same-day jail visits, affordable fees, and flexible payments plans for those facing accusations in Colorado.
Don't talk to police about possessing burglary tools - talk to us. 303-830-0880
Photo by Hunter Haley on Unsplash
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