W hen we hear the term, “burglary,” people often picture a masked intruder sneaking into a building with a flashlight in one hand and a coil of rope in the other. But, the legal definition of Burglary is much more complex. Let's look closer at what you can expect if you are facing Burglary charges in Denver, Adams, or Jefferson County, or anywhere in Colorado. There are 4 different types of Burglary. For this installment, we'll look at the definition of 2nd Degree Burglary.
The Lawyer's Definition of Burglary
The legal jargon:“A person commits second degree burglary, if the person knowingly breaks an entrance into, enters unlawfully in, or remains unlawfully after a lawful or unlawful entry into a building or occupied structure with intent to commit therein a crime against another person or property.”
The Simplified Definition of Burglary
The simplified version:“Burglary is charged whenever a person enters a building, house, apartment, motel room, garage, or business, with the intent to commit a crime.”
An Example of Burglary Charges
Josh's girlfriend broke up with him last week. They had been together for almost 3 years, so life had gotten comfortable. He thought their relationship would last, but his girlfriend ran into an old ex and it was all over. One You can be charged with Burglary for unlawfully entering the home of an ex.night, she had kicked him out unexpectedly, and ordered him to never return. Josh was angry – after all – she was the one who had treated him badly. Also, he hadn't had time to collect his things from her apartment – including the TV they bought together. One night, Josh decides he's going to go to her apartment to get his things. He finds the key under the mat and lets himself in. He begins packing up the TV after gathering some other odds and ends, when the police arrive. His ex-girlfriend called the cops when she saw lights on in the house. Josh will now face Burglary charges.
The Sentence for Burglary Charges
Josh unlawfully entered into his ex-girlfriend's apartment with the intent to take the TV (which is considered to be Theft since she is a co-owner), so he will be charged with 2nd Degree Burglary. Second Degree Burglary is a class 3 felony when the building is a dwelling. He could face up to 12 years in the Colorado Department of Corrections if convicted.
Why You Need a Lawyer for Burglary Charges
It's easy to be charged with Burglary in Colorado
As illustrated by the example above, it isn't difficult to be charged with Burglary in Arapahoe, Larimer, or Douglas County. A choice made in a fit of anger, or as a way to get revenge can result in felony criminal charges. Unfortunately, our justice system doesn't always differentiate between hardened criminals and people who made a mistake. This is why you need an experienced criminal defense attorney to fight on your behalf. Our The sooner we begin work on your case, the better.experienced attorneys create effective negotiation strategies in courtroom battles. We fight to win. Don't put your future on the line; if you have been charged with Burglary or any other crime in Colorado, contact us immediately. The sooner we begin work on your case, the better.
Get Help Now
If you or a loved one has been contacted by the Denver, Aurora, or Centennial police regarding Burglary charges, 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. Together, we will protect your future.Request a Free Consultation