Are you facing a false Burglary accusation in Weld County? Burglary in Greeley, Erie, or Ault is when a person knowingly enters or remains on a property with the intent to commit another crime. The lawyers at the O’Malley Law office can help you with a false accusation of Burglary. We have many years of knowledge and experience aggressively fighting against Burglary charges. A man in Louisville, was recently charged with burglary and could use a top lawyer as he faces these charges. Apparently, the man was found in a burned down neighborhood with items from the houses in his truck after he was observed going in and out of the houses. When facing Burglary charges, it is important to understand the Colorado law. Below our lawyers will discuss Burglary charges. If you are facing an accusation of Burglary in Ft. Collins, you can get help here.
What is the Definition of 1st Degree, 2nd Degree, and 3rd Degree Burglary in Greeley, Colorado?
In Greeley, it is important to understand that Burglary is divided into 3 degrees of charges and the degree depends on the type of property that was entered and the level of danger to anyone inside. Here are the definitions for 1st Degree, 2nd Degree, and 3rd Degree Burglary.
1st Degree Burglary – C.R.S. 18-4-202 is defined as:
2nd Degree Burglary – C.R.S. 18-4-203 is defined as:
3rd Degree Burglary – C.R.S. 18-4-204
It is important to note that you cannot be charged with Burglary if you are on the property legally. For example: Bob is at a party he was invited to and while he is there, he sees a wallet and decides to take it. He did commit Theft, but he did not commit Burglary because he was invited onto the property.
Do You Have to Commit Theft to Be Also Charged with Burglary in Weld County?
It is a common misunderstanding that a theft must occur to also be charged with Burglary. That is not the case in Weld County. As in the story above, the man was not supposed to be in the burned down neighborhood or its houses, and if it is proven he also took things, then he can be charged with Burglary and Theft. However, it needs to be proven that the intent to commit the theft happened before he entered one of the homes in the neighborhood. Some other common Burglary examples that do not involve Theft are:
- Going into a school after hours to vandalize it.
- Breaking into a house with the intent to kidnap a person.
- Remaining in a building to break open a vending machine.
Simply put, the two things required to convict a person of Burglary are that a person is unlawfully on a premise or remained there after a legal entry, and they had the intent to commit any crime other than Trespass. If you are facing Theft or Trespass charges, you can find more information here.
What are the Sentences and Punishment for a Burglary Charge in Erie, Colorado?
In Erie or other Weld County, Colorado towns, the sentence and punishment for Burglary can be a felony or a misdemeanor depending on the circumstances.
| Degree of Burglary | Sentence | Punishments |
| 1st Degree Burglary | Class 3 Felony | · 4-12 years in Colorado State Prison
· fine of $3,000-$750,000 · 5 years mandatory parole |
| 2nd Degree Burglary | Effective March 1, 2022. (a) Except as provided in subsection (2)(b) or (2)(c) of this section
2nd degree Burglary is a class 4 felony. (b) Second degree burglary is a class 3 felony if: (I) It is a burglary of a dwelling; (II) The objective of the burglary is the theft of a controlled substance (III) The objective of the burglary is the theft of one or more firearms or ammunition. |
Class 3 Felony Penalties:
Class 4 Felony Penalties: · 2-6 years in prison · fine of $2,000-$500,000 · 3 years mandatory parole |
| 3rd Degree Burglary | Effective March 1, 2022.
3rd Degree Burglary is a class 2 misdemeanor, but it is a class 1 misdemeanor if it is a burglary, the objective of which is the theft of a controlled substance, lawfully kept in or upon the property burglarized. |
Class 1 Misdemeanor:
· 364 days in jail · fine of up to $1,000
Class 2 Misdemeanor: · up to 120 days in the Weld County Jail · fine of up to $750. |
Why Hire an Experienced Burglary Lawyer When You are Facing Burglary Accusations in Weld County?
The experienced Weld County Burglary lawyers at the O’Malley Law Office are here to help you. We understand that Burglary accusations can be confusing and are also complicated by the other criminal charges that you face. Our skilled lawyers will help you navigate the Weld County Courts system and have many years of experience fighting for our clients’ rights. Burglary law changes, so you need to leave your future and case in the best hands possible.