When the public hears the word “burglary,” images of a masked bandit making off with our appliances, jewelry and TV, springs to mind. Burglary – C.R.S. 18-4-202 is much more complex, however. In order to be charged with burglary in Larimer County, it must be proved that you entered a home, business, or locked structure with the intent to commit a crime. The underlying crime may be Theft – C.R.S. 18-4-401, Criminal Mischief – C.R.S. 18-4-501, or Sexual Assault – C.R.S. 18-3-202. If there was no intent to commit a crime, you will be charged with Trespassing – C.R.S. 18-4-502. You need to work closely with your lawyer to define these terms.
The “Intent to Commit a Crime” the Only Difference Between Burglary and Trespassing
Burglary and Trespassing are similar crimes, but they have very different consequences. For example, Second Degree Trespassing – C.R.S. 18-4-503 is a class 3 misdemeanor, while Second Degree Burglary – C.R.S. 18-4-2023 is a class 4 felony (it is a class 3 felony if a person burglarizes a dwelling, or if they attempt to steal a controlled substance, such as drugs). If you are convicted of a class 3 misdemeanor, you can be sentenced up to 6 months in the Weld County Jail. If you are convicted of a class 4 felony, you would be facing up to 6 years in the Colorado Department of Corrections.
Why You Need an Experienced Defense Lawyer for Burglary Charges in Greeley
The only difference between these two crimes is the intent to commit a crime which must be present in order for Burglary to be charged. This vague definition leaves much up to interpretation by the Weld, Morgan or Logan County District Attorney. Recently in Colorado, a man was charged after he entered the wrong house one evening (he was drunk). He was charged with Burglary instead of Trespassing because he picked up a child’s shoe. Because he was committing Theft – C.R.S. 18-4-401 of the shoe, he was charged with the more serious offense. You need an experienced criminal defense attorney to defend you in court when definitions of the law are as vague as the statute relating to Burglary.
If you or a loved one has been charged with Burglary or Trespassing in Greeley, Windsor or Evans, be smart, exercise your right to remain silent, and contact an experienced criminal defense attorney at the O’Malley Law Office at 970-616-6009, or submit the “Get Help Now” form. Together, we can protect your future.
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