In Weld County, there is often confusion between the terms Burglary and Robbery. A person can say my house was “robbed” while I was on vacation or a burglar stole my wallet, but they would be legally wrong. When facing a Burglary or Robbery charge in Weld County, it is important that you know the legal terms within the crimes you allegedly committed.
What is the Definition of First Degree Burglary – C.R.S. 18-4-202; and Second Degree Burglary – in Greeley, Colorado?
In Greeley, Colorado, First Degree, Second Degree and Third Degree Burglary involve unlawfully remaining on or knowingly entering someone else’s property with intent to commit a crime other than trespassing. There are three types of Burglary: First-Degree, Second-Degree, Third-Degree; to learn more click on each term. Burglary is charged differently depending on the type of property that was entered and whether anyone inside was in danger. First Degree Burglary involves entry into a building or occupied structure, like a home or business, and you or a friend with you assault someone or are armed. Second Degree Burglary is nearly identical to First Degree, except no-one is menaced, assaulted or armed. Last, Third Degree Burglary involves entering a safe, cash register or product dispenser like a vending machine.
Sentence for a Burglary Conviction in Weld County | First, Second and Third Degree Burglary
Burglary is a felony in Weld County. Depending on the degree of burglary, the crime committed, and if a person was harmed or threatened, the punishment can range from 1 – 48 years in the Colorado Department of Corrections and a fine of between $1,000 and $1,000,000. Third Degree Burglary is the least serious, although you can still get a prison sentence.
In Greeley, Colorado, What are Some Defenses to Burglary Charges?
In Greeley, Colorado here are some defenses to Burglary charges:
- It was a case of mistaken identity and you were not on the property
- You were on the property with permission or consent
- You were on the property, but there was no intent to commit another crime
- You did not know you were unlawfully on the property – thinking it was your friend’s house
What is the Definition of Robbery – C.R.S. 18-4-301 – Greeley, Colorado?
The Greeley, Colorado definition of Robbery – C.R.S. 18-4-301 – is:
A person who knowingly takes anything of value from the person or presence of another by the use of force, threats, or intimidation commits robbery.
It is important to note the difference between a Robbery or Burglary charge. Something of value needs to be taken in the presence of another by threat, force, or intimidation, for Robbery. This differs from Burglary because no one needs to be present, and it involves an illegal entry. Now, consider whether you can be charged with both Burglary and Robbery for the same act? If you were to enter inside a building to hold the occupants up and take something of value from them with a gun, you could easily be charged with both at the same time.
On a different subject the criminal offense of Theft is often mixed in with Burglary or Robbery charges. You can read more about Theft here.
If Convicted of Robbery in Weld County What is the Sentence?
If convicted, Robbery is a class 4 felony in Weld County and is punishable with 2-6 years in the Colorado Department of Corrections and up to $500,000 in fines.
Possible Defenses to Robbery in Greeley, Colorado
Some possible defenses to Robbery in Greeley, Colorado are:
- The property was yours or you thought it was yours
- There was no deadly weapon
- You did not intend to take anything
- There was no use of threats, intimidation or force
Both a Burglary or Robbery charge are serious offenses that can lead to felony convictions and have lasting effects on your personal life, career and freedom. Prison time is always possible with home intrusion and taking valuable items by force.
If you or someone you love has been charged with, arrested for, or been accused of Burglary or Robbery, 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 your free consultation. Together, we can protect your future.
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