Weld County Attorney for Second Degree Burglary Charges

The crime of 2nd Degree Burglary in Weld County involves an entry without permission, into a building or home of another person, with the intent to commit a crime in the home.  Theft usually accompanies Second Degree Burglary.  Remaining unlawfully in a building or home can substitute for the illegal entry.  Someone who comes into a house or building without permission usually takes something of value which belongs to another.  Remember, any crime can join an unlawful entry and add up to Burglary in Greeley, Erie, Keenesburg, Platteville, Kersey, Eaton and LaSalle.

What is the Definition of Second Degree Burglary?

The Colorado law definition of  2nd Degree Burglary – C.R.S. 18-4-203 – is:

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 in a building or occupied structure with intent to commit therein a crime against another person or property.

What is the Sentence for 2nd Degree Burglary?

Colorado lawmakers have designated Second Degree Burglary as a class four felony, but if entry into a dwelling is involved, it becomes a class three felony.  Class four felonies can result in a prison sentence to the Colorado Department of Corrections for up to six years.  Illegal entry into building types where people do not live are not viewed as seriously by judges and District Attorneys, even though they might be the same class of felony.  Protection of people in their homes is given a high priority.

How Trespassing Charges are Similar to Burglary Charges

While this serious crime is written to be distinct from the crime of First Degree Trespass, a trespassing charge often transitions into the more serious Burglary charge.  We often see this occur when a former partner returns to the house after a breakup, to get that partner’s personal property – like clothing, electronics or plants.  Deputy DAs and Police will look for minor crimes to add to a normal trespass charge, so they can justify the more serious Burglary charge.  It is worth knowing that: trespass + any other crime = Burglary.  As defense attorneys with over twenty years’ experience, we see many abuses in the filing of Burglary charges after broken live-in relationships.

CHARGED WITH SECOND DEGREE BURGLARY IN GREELEY OR WELD COUNTY?

Be smart, exercise your right to remain silent, and call the experienced defense attorneys at the O’Malley Law Office.

Call 970-616-6009 or fill out the Get Help Now form to meet with an experienced criminal defense lawyer in Weld County and the Greeley area for a free consultation. 

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