Greeley First Degree Burglary Lawyer

The crime of 1st Degree Burglary in Weld County usually involves entry without permission, into a building or home of another person, with the intent to commit a crime in the home, where any person is assaulted or menaced in the process.  The presence of a deadly weapon will also elevate a Burglary to First Degree.  The crime which generally accompanies First Degree Burglary is Theft, People coming into a house or home without permission usually take something of value which belongs to another.  Yet, any crime can accompany the illegal entry and add up to Burglary in Greeley, Erie, Lochbuie, Platteville, Eaton and Ault.

What is the Definition of First Degree Burglary?

The Colorado law definition of  1st Degree Burglary – C.R.S. 18-4-202 – is:

 A person commits first degree burglary if the person knowingly enters unlawfully, or remains unlawfully after a lawful or unlawful entry, in a building or occupied structure with intent to commit therein a crime, other than trespass as defined in this article, against another person or property, and if in effecting entry or while in the building or occupied structure or in immediate flight therefrom, the person or another participant in the crime assaults or menaces any person, the person or another participant is armed with explosives, or the person or another participant uses a deadly weapon or possesses and threatens the use of a deadly weapon.

First Degree Burglary: The Most Serious Burglary Charge

Colorado lawmakers desire to protect the home more than any other building, so First Degree Burglary is a class three felony in Colorado.  Class three felonies can result in a prison sentence to the Colorado Department of Corrections for up to twelve years.  Illegal entry into other types of buildings will be treated less harshly by judges and District Attorneys, even though they might be the same class of felony.

How is Burglary Different than Trespassing?

While this serious crime is designed to be separate from First Degree Trespass, Trespassing often migrates into the more serious Burglary charge.  We commonly see this happen when a live-in partner returns to the home after a breakup, to retrieve that partner’s personal property.  Police and DAs will look for even the most minor crime to add to the trespass, so they can justify a Burglary charge.  Remember, trespass + any other crime = Burglary.  As criminal defense lawyers with over twenty years experience, we’ve seen many abuses in the filing of Burglary charges after failed live-in relationships.

CHARGED WITH FIRST DEGREE BURGLARY IN GREELEY OR WELD COUNTY?

Be smart, exercise your right to remain silent, and call the experienced defense attorneys at the O’Malley Law Office.

Call 970-616-6009 or fill out the Get Help Now form to meet with an experienced criminal defense lawyer in Weld County and the Greeley area for a free consultation. 

Together, we can protect your future.

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