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Colorado Springs Burglary Lawyer

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Facing Burglary Charges? The Penalties Could Be Severe. You Need To Act Fast — Your FREEDOM Could Be On The Line.

Burglary in Colorado is considered a felony charge. Colorado law breaks burglary down into three main charges: first, second, and third-degree. The consequences for being charged with any of these charges can be significant.

You’ll face significant fines, ranging from $1,000 to $1 million, and decades of potential prison time.

When Should I Call a Colorado Springs Burglary Defense Attorney? 

Burglary charges are serious, and you should seek the help of a criminal defense attorney as soon as possible following the charges against you. An attorney can help you build a solid defense strategy, and may even reduce the charges against you or secure an acquittal.

A plea deal may be another way to minimize fines and penalties.

If you or a loved one are being accused of burglary in Colorado, give us a call immediately.

Top-Rated Colorado Criminal Defense Lawyer

Types of Burglary Charges in Colorado 

Third-degree Burglary 

The lowest form of burglary is a third-degree charge, which will carry the lowest fines and penalties. Third-degree burglary is handed down if a person breaks into the following:

  • Cash register
  • Safe
  • Vending machines
  • Coin boxes
  • Safety deposit box

The law extends to any locked containers or boxes. If, for example, you stole an item from a person’s locked gym locker, this would constitute a third-degree burglary charge.

Second-degree Burglary 

Second-degree charges occur when a person enters a building unlawfully or remains in a building unlawfully with the intent to commit a crime. A building, by definition, is a structure that protects against the elements, this means that it will include:

  • Hotel rooms
  • Garages
  • Trailers
  • Jail cells

Sheltering must be significant, so there must be sturdy walls and a roof.

First-degree Burglary 

First-degree charges are the most serious and are often handed out if you used or threatened to use violence against a person when breaking in or while inside the residence or building. Charges are only upgraded to first-degree when you or someone with you during the crime:

  • Used a deadly weapon
  • Assaulted a person
  • Menaced a person
  • Threatened to use a deadly weapon
  • Carried explosives

Possession of Burglary Tools 

If you’re caught with burglary tools, and you’re not in the middle of committing burglary, this can still constitute a crime. Intention to facilitate an offense using the tools in your possession is a class 5 felony, which carries a sentence of 1 to 3 years in prison, two years mandatory probation, and fines ranging from $1,000 to $100,000.

In Colorado, a burglary tool can be any kind of tool that is commonly used to break into a business, home, or vehicle. Examples of these tools include:

  • Crowbar
  • Glass breaking tools
  • Magnets (commonly used in shoplifting)
  • Key making kits used to replicate keys

Don’t let one wrong decision impact your life, job or freedom.

Call today for a free case evaluation.

Burglary Charges and Domestic Violence 

When domestic violence is added to a burglary charge, the seriousness of the crime increases significantly. If domestic violence occurs during the burglary, the charge would be moved up to a first-degree charge, which carries the highest fines and penalties possible.

What Are the Penalties for Burglary in Colorado? ​

The penalties for burglary depend on the degree of the crime.

Third-degree burglary

Third-degree charges are considered a class 5 felony, but they can be switched to a class 4 felony if the crime was being committed in order to steal a controlled substance.

Penalties are as follows:

  • Class 5 Felony: 1-3 years imprisonment, 2 years’ probation and fines ranging from $1,000 to $100,000.
  • Class 4 Felony: 2-6 years imprisonment, 3 years’ probation and fines of $2,000 to $500,000

Second-degree burglary

Second-degree charges are a class 4 felony to start, but the crime can be upgraded to a class 3 felony if the objective was to steal a controlled substance that was lawfully allowed in the building, or if the building was a dwelling.

Penalties are as follows:

  • Class 4 Felony: 2-6 years imprisonment, 3 years’ probation, and fines ranging from $2,000 to $500,000.
  • Class 3 Felony: 4-12 years imprisonment, 5 years’ probation, and fines ranging from $3,000 to $750,000.

First-degree burglary First-degree charges fall into the class 3 felony classification with 4-12 years imprisonment, 5 years’ probation, and fines ranging from $3,000 to $750,000.

However, the penalties are much harsher in two circumstances:

  • If the burglary involved a controlled substance from a facility that lawfully housed the substance, you’ll face 8 to 24 years in prison, 5 years of parole, and fines of $5,000 to $1 million.
  • If the burglary is a “crime of violence” where you used or threatened to cause bodily harm, injury, or death, you’ll face 16 to 48 years in prison.

Burglary in Colorado is a serious charge with harsh penalties and fines. Whether you engaged in or are being accused of burglary of a residential building, commercial building, or lockbox, it’s important to begin building a defense strategy that uses the law to your advantage.

Taking on charges of burglary on your own is not recommended. Prison time and the risk of a felony charge being on your permanent record can have a lifetime of consequences that make it harder to vote, get a job and even find housing.

Colorado criminal procedure

  • Arrest or
    Summons
    01

    Arrest or
    Summons

    The process begins with either an arrest or a summons. The accused is either arrested or served with paperwork summoning them to appear in court. During an arrest, Miranda rights may or may not be read to you. Officers are only required to recite your rights if they intend to question you about potentially incriminating things.

  • Bond Hearing
    02

    Bond Hearing

    In most cases, you're entitled to have a reasonable bond set after you've been arrested. In situations involving domestic violence, the police will request input from the victim before setting a bond. Bonds are set to ensure that a person appears in court at their court dates. If they don’t show up, they forfeit the money that was paid for the bond.

  • Advisement of
    Charges
    03

    Advisement of
    Charges

    Whether you are arrested or given a summons to appear, the court must make sure you understand what crimes you are being accused of committing. This is called advisement of charges. The District Attorney will detail the specific charges against you, and the Judge has to make sure you understand what possible penalties are associated with that charge in the state.

  • Preliminary Hearing
    (for Higher Felony
    Charges)
    04

    Preliminary Hearing
    (for Higher Felony
    Charges)

    A preliminary hearing is a way for your defense attorney to challenge the District Attorney’s right to bring charges against you by making them prove that there is reason to believe you committed a crime. The Judge is not deciding your guilt or innocence, but rather whether or not there is probable cause to charge you with the crime in question.

  • Pretrial Conference /
    Disposition
    Hearing
    05

    Pretrial Conference /
    Disposition
    Hearing

    This court date comes after your attorney has reviewed all of the reports and evidence in your case. Here’s where your attorney will engage in plea negotiations with the DA. If they can reach an agreement on the case, you may be able to take a plea bargain. If they cannot reach a resolution, your case will be set for an arraignment or trial date.

  • Arraignment
    06

    Arraignment

    An arraignment is the final date for you to decide how you choose to plea. Guilty or not guilty. If you plead guilty, then the case is set for a sentencing date. If you plead not guilty, you and your attorney will then set the case for trial.

  • Motions Hearing
    07

    Motions Hearing

    A motion hearing is when an attorney makes a request that requires a decision from the judge. For example, motions to suppress evidence or statements. These motions can limit the information that goes before a jury if it benefits your case, and there are legal grounds for doing so.

  • Pretrial Readiness
    Conference
    08

    Pretrial Readiness
    Conference

    A pretrial readiness conference is held at some point before trial. It usually is held about a week to a month before the date trial is set to begin. This court date ensures everyone is ready to go to trial on the set date. It is also a time for lawyers to bring up any issues they may have to be addressed before the day of trial.

  • Jury Trial
    09

    Jury Trial

    After a jury is selected for trial, the District Attorney’s responsibility is to present the case to the jury. The DA must prove beyond a reasonable doubt that you are guilty of the crime. Otherwise, the jury must find you innocent. Your attorney will be able to cross-examine all of the witnesses, present evidence, and ultimately help you navigate this process.

  • Sentencing
    Date
    10

    Sentencing
    Date

    At sentencing, the Judge must decide the appropriate legal penalty for the crime you plead guilty. The Judge’s decision is based on the listed penalties for the specific charge, recommendations from the presentence investigation, your criminal history, as well as statements made at the sentencing by the District Attorney, your attorney, you, and any named victims of the crime.

What is the sentence for misdemeanors in Colorado?

  • Class 1

  • 6 to 18 months in county jail, and/or
  • $500 to $5,000 in fines
  • For extraordinary risk class 1 misdemeanors, the maximum jail sentence is 24 months.
  • For 3rd-degree assault (CRS 18-3-204), the maximum sentence can be 48 months if the victim was on duty as a:
    • Peace officer,
    • Emergency medical provider,
    • Firefighter, or
    • Mental health professional at the Department of Human Services.
  • Class 2

  • 3 to 12 months in county jail, and/or
  • $250 to $1,000 in fines

What are Colorado felony penalties?

  • Class 1

  • Life imprisonment
  • No Colorado crime carries the death penalty.
  • Class 2

  • 8 – 24 years in Colorado State Prison, and/or
  • $5,000 – $1,000,000
  • 5 years of mandatory parole if the offense is a crime of violence. Otherwise, 3 years of mandatory parole.
  • Class 3

  • 4-12 years in prison
  • Fines of up to $750,000 but not less than $3,000
  • 3 years of parole
  • Class 4

  • 2 – 6 years in prison, and/or
  • $2,000 – $500,000
  • 3 years of mandatory parole
  • For extraordinary risk class 4 felonies, the maximum sentence is 8 years in prison.
  • Class 5

  • 1 – 3 years in prison, and/or
  • $1,000 – $100,000
  • 2 years of mandatory parole
  • For extraordinary risk class 5 felonies, the maximum sentence is 4 years in prison.
  • Class 6

  • 1 – 18 months years in prison, and/or
  • $1,000 – $100,000
  • 1 year of mandatory parole
  • For extraordinary risk class 6 felonies, the maximum sentence is 2 years in prison.

CALL NOW IF YOU HAVE BEEN ARRESTED

719-822-6227

Getting You To A Better Place Fast

At Right Law Group, we understand the stress you are under. Our Criminal Defense Law Firm is here to guide you down the right path to your legal challenge. Whether you are facing your first DUI, a drug charge, need a restraining order, or are facing another type of criminal charge, our firm is committed to your well-being and protecting your rights the right way.

What are the three elements of burglary?

In order for a crime to be considered burglary, the following 3 elements need to be proved:

  1. A person entered
  2. Into a building, structured, or locked container
  3. With the intent to steal or commit another crime

Is burglary a felony in Colorado?

In Colorado, burglary charges are always felonies. In order to determine the severity of the felony charge, the degree of the burglary must be taken into account.

What is first-degree burglary in Colorado?

In order for a burglary charge in Colorado to be elevated to first-degree burglary, one or more of the following scenarios must have taken place during the crime:

  • Used a deadly weapon
  • Assaulted a person
  • Menaced a person
  • Threatened to use a deadly weapon
  • Carried explosives

Experienced Burglary Lawyer

Colorado Springs Burglary Lawyer Near You

When you’re charged with Burglary in Colorado, you need a lawyer who is familiar with the laws and knows how the court system works. Criminal defense attorneys work with you to help you establish a strong defense. Even if you believe that a conviction is inevitable, a burglary lawyer can help you fight for a lesser charge, a reduced sentence, or another more favorable outcome. Contact us right away for a free case consultation.