Generally, when someone wants to break into a house to steal, they take steps to make sure no one is home. A pretty popular movie showed two bandits disguised themselves as police officers to get home owners to disclose the days they would be away on vacation, and their house would be empty. Recently, one Uber driver must have taken a cue from that script, when he picked up a woman to take her to the Denver International Airport. Figuring no one would be home since he had just dropped the owner off to catch a flight, he returned to her home. The Uber driver went around back and was trying to get in through the back door when the woman’s roommate foiled his plan. The man was arrested and is facing charges for Attempted Burglary.
2nd Degree Burglary in Greeley
C.R.S. 18-4-203 – Second Degree Burglary – is defined by Colorado law as:
In Greeley, Erie, and Berthoud, Burglary in the Second Degree is a class 3 felony when it is a Burglary of a dwelling. If the man had succeeded in breaking into the house, he would have been facing a class 3 felony, punishable with prison time in the Colorado Department of Corrections. Because the man was not successful, he is facing Attempted 2nd Degree Burglary.
Criminal Attempt in Weld County
Colorado law defines C.R.S. 18-2-101 – Criminal Attempt – as:
Basically, Attempt to Commit a Crime is charged when a person takes a significant step toward committing a crime in Weld, Morgan, and Logan County. Because the man was caught trying to open the locked back door, this would be considered a substantial step in committing the Burglary.
Criminal Attempt can be charged as a felony or a misdemeanor depending on the underlying crime:
|
Underlying Crime |
Attempt Charge |
| Class 1 felony, like 1st Degree Murder | Class 2 felony Attempted First Degree Murder |
| Class 2 felony, like First Degree Kidnapping | Class 3 felony Criminal Attempt 1st Degree Kidnapping |
| Class 3 felony, like Aggravated Robbery | Class 4 felony Attempt to Commit Aggravated Robbery |
| Class 4 felony, like Sexual Assault | Class 5 felony Attempted Sexual Assault |
| Class 5 or 6 felony, like Theft | Class 6 felony Criminal Attempt Theft |
| Class 1 misdemeanor, like Assault in the Third Degree – Domestic Violence | Class 2 misdemeanor Attempt to Commit 3rd Degree Assault –DV (Domestic Violence) |
| Class 2 or 3 misdemeanor, like Harassment | Class 3 misdemeanor Attempted Harassment |
For the alleged burglar in the story, his class 3 felony Second Degree Burglary would be charged as a class 4 felony for the Attempt.
If you or a loved one has been charged with Burglary or Criminal Attempt, be smart, exercise your right to remain silent, and call the experienced criminal defense lawyers from the O’Malley Law Office at (970) 616-6009 to schedule a free consultation. Together, we can protect your future.
Image Credit: Pixabay – AaronPictures