Burglary is charged in Greeley and Weld County when a person is accused of unlawfully entering somewhere with the intent to commit another crime. Burglary can VERY EASILY become an act of Domestic Violence in Colorado. Let’s take a look at how that can happen.
Weld County Burglary DV Lawyer: How is Burglary Charged in Colorado?
The Weld County, Colorado law definition of Second Degree Burglary – C.R.S. 18-4-203 – is:
So, let’s say you broke up with your girlfriend. You left important things at her home and she was not answering your calls or texts to try and facilitate a time to pick up your stuff. So, you go over to her house. She answers the door, but tells you to leave. You come in anyways and grab your items. She calls the police and you are charged with Second Degree Burglary as an act of Domestic Violence because you remained in the home after being told to leave and she claimed that some of the items you were taking were not yours.
Penalty for Domestic Violence Burglary in Fort Lupton and Fort Morgan
In Fort Lupton and Fort Morgan, Second Degree Burglary is charged as follows:
Second degree burglary is a class 4 felony if the burglary is of an occupied structure or of a building being used for the operation of a commercial business.
Second degree burglary is a class 3 felony if:
- It is a burglary of a dwelling;
- 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; or
- The objective of the burglary is the theft of one or more firearms or ammunition.
Second degree burglary is a class 2 misdemeanor if the person knowingly violated a written notice by a retailer or an order by a court of lawful jurisdiction specifically restraining a person from entering a particular retail location during hours which the retail store is open to the public.
Second degree burglary is a class 5 felony if the burglary is of any other building not described in subsection (2)(a), (2)(b), or (2)(c) of this section.
For the example above, you would be facing the class 3 felony Burglary charge as an act of Domestic Violence, as the building was a dwelling (home) and the persons involved had been in an intimate relationship.
If you or someone you love has been charged with Burglary or a Domestic Violence crime, be smart, exercise your right to remain silent, and contact the best criminal defense attorneys from the O’Malley Law Office at 970-616-6009 to schedule a free initial consultation. Together, we can protect your future.
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