Sometimes, when you hear of a burglary, you hear about someone managing to get in and out of a home unnoticed. Other times, you hear of burglars who give themselves away. That was the case for one burglar, who decided he had a few duties to accomplish before leaving the home he entered. According to a news story, he walked into an unlocked home. Once inside, his first duty included baking a potato, when a female resident in the home found him. Soon after telling the man to leave, the man addressed his other duty by going to the front yard to rake leaves. When police arrived at the home and confronted the man, he wasn't able to walk straight and was slurring his speech. In Denver and Adams County, this man could face charges of Second Degree Burglary.
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Second Degree Burglary in Douglas County and Across Colorado
The man could face charges of Second Degree Burglary in Douglas or Arapahoe County, C.R.S. 18-4-203, for “knowingly breaking an entrance into, entering unlawfully in, or remaining unlawfully after a lawful or unlawful entry” into the unlocked home. He would have also needed to have intent to commit a crime against another person or property (like Theft or Assault, for example) during the break-in, to face charges of Burglary in the Second Degree. However, because the man was having trouble walking and slurring of his speech, it leads me to believe he had a mental illness or that he was intoxicated. In other words, he may not have been fully aware of what he was doing when he walked into the unlocked home. He may not have had criminal intent. We've seen other cases where defendants face charges of 2nd Degree Burglary after a night of drinking and accidentally going into the wrong house. These mistakes in judgment shouldn't end in criminal charges.
Prosecutors Have to Prove “Intent” Behind Burglary
In Denver and Jefferson County, and across Colorado, a District Attorney doesn't need to prove you committed a crime once inside a home to be convicted of Second Degree Burglary. All that a District Attorney needs to prove is that you broke into someone's home with the intent to commit a crime. With this in mind, prosecutors often treat each defendant as guilty until proven innocent. They often overcharge you with Burglary and other crimes such as Theft or Harassment, hoping you will accept a plea bargain deal, which looks good for them.
Why You Need the Best Burglary Defense Attorneys in Denver
Our criminal defense attorneys will evaluate and analyze all of the evidence in your case to make sure it matches the charges you're facing.
Second Degree Burglary is normally charged as a class 4 felony in Denver and across Colorado, but it can be charged as a class 3 felony if it's a burglary of a dwelling or if it's a burglary where the objective of the burglary is the theft of a controlled substance, as defined in section 18-18-102(5), lawfully kept within any building or occupied structure. Don't wait to involve an expert criminal defense attorney early in your case if facing charges of Second Degree Burglary. We uphold the belief that you're innocent until proven guilty. We will evaluate and analyze all of the evidence in your case to make sure it matches any charges you are facing. Contact our office today.
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If you or a loved one has been charged with Second Degree Burglary in Denver, Littleton or Englewood, Colorado, be smart, exercise your right to remain silent, and contact the best criminal defense attorneys at the O'Malley Law Office for a free consultation at 303-830-0880. Together, we can protect your future.Request a Free Consultation
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