In Douglas County, and throughout Colorado, it is illegal to knowingly enter or unlawfully remain on another person’s property and intend to commit a crime. 1st Degree Burglary is the most serious and often involves someone armed breaking into a home or apartment to steal valuable property. Less severe burglary charges sometimes include behaviors such as an ex going into a home to get their things or a drunk person refusing to leave a party. Felony and misdemeanor consequences exist in burglary cases, emphasizing the need for representation from a professional burglary attorney.
What is Burglary in Colorado?
Three important factors exist under the definition of burglary in Douglas County, Colorado:
- a person knowingly,
- enters or unlawfully remains on another’s property,
- with the intent to commit a crime (excluding trespass) while on or inside the property itself
A break-in is not necessarily the only action that leads to a burglary charge. Entering or remaining on property unlawfully is enough to commit burglary. Furthermore, unlawfully simply means that someone does not possess an invite or license to be present on a property. Burglary is different than theft. Theft applies when something is taken from a property where the actor has lawful permission to be present. Understanding the different degrees of burglary can be especially difficult.
Degrees of Burglary in Douglas County, Colorado
Burglary can be charged in three different ways in Colorado:
- 3rd Degree Burglary – C.R.S. 14-4-204
- 2nd Degree Burglary – C.R.S. 18-4-203
- 1st Degree Burglary – C.R.S. 18-4-202
Third-degree burglary can apply when someone breaks into something like a vending machine or cash register with the intent to steal the contents. In contrast, second-degree burglary applies when a person unlawfully enters a building, house / apartment, hotel room, or business with the intent to commit a crime (excluding trespass). Finally, first-degree burglary pertains to the same unlawful entry but with the presence of a weapon or explosive, or conduct amounting to assault or menacing.
Sentencing for Burglary in Colorado | Burglary Attorney
The sentencing ranges for a burglary conviction in Douglas County include:
- 1st Degree Burglary = 4-12 years in prison and a potential fine of $3,000 – $750,000
- 2nd Degree Burglary = 2-6 years in prison and a potential fine of $2,000 – $500,000
- 3rd Degree Burglary = up to 12 months in county jail and a maximum fine of $1,000
The above numbers can increase in certain situations as well. If, for instance, a burglary includes theft of a controlled substance lawfully kept on the property, the consequences are steeper. Due to the severity of burglary charges, consulting an expert burglary attorney is a must. If anyone is contacted by police for suspicion of burglary, they should politely exercise their right to remain silent. Additionally, don’t talk with investigators, witnesses, or victims. Finally, contact a skilled burglary attorney to work on your side and prioritize your best possible outcome.
Don’t talk to police about burglary allegations – talk to us. 303-265-1950
Photo Credit: pixabay – fbhk