Colorado Springs Burglary Defense Attorney

Burglary

Burglary is considered an "Offense against Property" under Colorado's Criminal Code, although, by definition, burglary involves the unlawful entering or remaining on a property with the intent of committing a crime. That crime is usually theft, but is not limited to it. Burglary, though it can be a crime of desperation, especially in tough economic times, is a felony, and carries with it life-altering penalties. If you have been charged with burglary in Colorado, your goal should be avoiding those penalties, and the first step in doing so is contacting an experienced Colorado Springs criminal defense attorney at The Bussey Law Firm, P.C.

Types of Burglary Charges

If you are arrested for burglary in Colorado, you may be charged with one of four different types:

First degree burglary;
Second degree burglary;
Third degree burglary; and
Possession of burglary tools.

All are felony charges.

First Degree Burglary

According to Colorado Revised Statute 18-4-202, first degree burglary involves a person knowingly entering a building unlawfully or remaining in a building unlawfully, whether initial entry was lawful or unlawful, with the intention to commit a crime, other than trespassing, against another person or property, and that person or another participant "assaults or menaces any person," or is armed with a deadly weapon or explosives. It is designated as a violent crime in CO.

Penalties
First degree burglary is considered a class 3 felony, unless it involves a controlled substance. A first degree burglary of controlled substances is considered a class 2 felony.

Second Degree Burglary
A person commits the crime of second degree burglary in Colorado if he or she knowingly breaks into, unlawfully enters, or remains unlawfully after entering, whether lawfully or unlawfully, a building or occupied structure with the intention of committing a crime against another person or property. A second degree burglary does not involve assault, menacing, or armed entry, making it a lesser offense.

Penalties
Second degree burglary is considered a class 4 felony, unless it involves controlled substances or a dwelling, in which case it is considered a class 3 felony.

Third Degree Burglary
Third degree burglary involves the breaking into of any money- or product-containing apparatus, such as a vault, safe, safety deposit box, or cash register.

Penalties
As with the aforementioned types of burglary, third degree burglary is considered a felony charge whose class changes upon the involvement of controlled substances. On its own, it is considered a class 5 felony. With controlled substances, it becomes a class 4 felony.

Possession of Burglary Tools
A person has committed the crime of possession of burglary tools if he or she possesses any object, tool, or instrument with the intention of using it to facilitate an offense involving the unlawful or forcible entry into a premises or apparatus. This is considered a class 5 felony.

Building an Aggressive Defense

Regardless of the class, a felony conviction can destroy your future. With a knowledgeable criminal defense attorney at your side, however, you can be assured of fair treatment under the law and the protection of your legal rights. If you have been charged with burglary in Colorado, contact the aggressive Colorado Springs felony defense lawyer, Timothy Bussey, of The Bussey Law Firm, P.C., for a free consultation at (719) 475-2555.

Colorado Springs DUI lawyer Timothy Bussey at The Bussey Law Firm, P.C. in Colorado represents clients in Colorado Springs and throughout El Paso County, including the cities of Fountain, Manitou Springs, and Monument.

The Bussey Law Firm, P.C.
12 E. Boulder Street
Colorado Springs, CO 80903
Phone: (719) 475-2555
Fax: (719) 475-0046