Greeley Second Degree Burglary Lawyer
Breaking in to Watch Someone Sleep

A teen was arrested for Second Degree Burglary after getting caught breaking into a woman's home, watching her and her daughter sleep, and taking a dress.

Breaking into someone’s house to commit another crime, like Theft, is charged as Second Degree Burglary in Greeley and Weld County. I can’t imagine anything more terrifying than waking up to find a stranger standing in your room watching you sleep. But, that’s exactly what happened to one woman and her young daughter. Using security cameras, police were able to determine that a 17-year-old teen broke into the woman’s house through her daughter’s bedroom. He moved on to the master bedroom, as both the mother and daughter were sleeping in there. He stayed for about 30 minutes, leaving the room wearing a dress. The mother and daughter never woke up during the encounter, but later found a stain on the bed and got suspicious, so they checked the security footage. Simply entering the house without permission is Trespassing, but because he took a dress (another crime) it is 2nd Degree Burglary.

Second Degree Burglary Attorney in Weld County: Definition of 2nd Degree Burglary

The Weld, Morgan, and Logan County, Colorado law definition of Second 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.

Breaking into the house is the first step, but another crime must be committed in order to charge this crime. While it is often Theft, it can be any other crime – like Kidnapping, Assault, or Sexual Assault. We have seen cases where during an argument, someone stayed in the home after being asked to leave repeatedly and continued to argue resulting in the police being called. Even though the underlying crime is simply Harassment (a class 3 misdemeanor), the person ended up with a serious felony charge.

Sentence for Breaking Into Someone’s House – Second Degree Burglary in Greeley and Evans

Usually, 2nd Degree Burglary is a class 4 felony in Greeley, Erie, and Evans. That is, unless, it is the burglary of a dwelling or the burglary included a theft of a controlled substance. Then, it is charged as a class 3 felony, which is punishable by 4 to 12 years in the Colorado Department of Corrections and up to $750,000 in fines.

If you or someone you love has been charged with 2nd Degree Burglary, 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 today. Together, we can protect your future.

Image Source: Pixabay-dagon_

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