Facing a Robbery or Burglary charge in Greeley or Weld County? Hiring a top defense attorney is important to help you understand the details of your case and help your lawyer get you the best outcome. Many people use Robbery and Burglary interchangeably, however they are two separate criminal charges, with different elements. Recently in Colorado Springs, a man was charged with a string of Burglaries in fast food restaurants. He is accused of Burglary, Felony Criminal Mischief and Felony Theft. Below, our criminal defense attorneys from the O’Malley Law Office will discuss the difference between a Robbery Charge and a Burglary Charge. We’ll also give you some insight from this restaurant story. If you are facing Robbery or Burglary charges in Fort Collins or Larimer County, get help here.
Legal Definition and Elements of First Degree Burglary, C.R.S. 18-4-202, Second Degree Burglary, C.R.S. 18-4-203, and Third Degree Burglary, C.R.S. 18-4-204, in Weld County
In Weld County, Burglary is charged differently depending on the type of property that was entered and whether anyone inside was in danger. There are three types of Burglary: First-Degree Burglary, Second-Degree Burglary, and Third-Degree Burglary. Each involves unlawfully remaining on or knowingly entering someone else’s property with intent to commit a crime other than trespassing. Colorado First Degree Burglary, C.R.S. 18-4-202, involves entry into a building or occupied structure, like a home or business, and the defendant assaults, is menacing, or armed. Second Degree Burglary, C.R.S. 18-4-203, is identical to First Degree, except no-one is menaced, assaulted, or armed. Last, Third Degree Burglary, C.R.S. 18-4-204, involves entering a safe, cash register or product dispenser like a vending machine.
In the story above, since the man does not have assault or menacing charges it is possible that he entered the fast-food restaurants when no one was there and that is when he took items, which is why he was also charged with Theft. If you need more information about a criminal Theft charge, get help here.
Robbery, C.R.S. 18-4-301, Definition in Windsor, Colorado
In Windsor and the rest of Colorado the 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.
If a person commits Robbery with a deadly weapon or has an accomplice with a deadly weapon, it becomes Aggravated Robbery, and the penalty increases to a class 3 felony.
The main difference between a Robbery and Burglary charge, is that in a Robbery something of value needs to be taken in the presence of another by threat, force, or intimidation. With a Burglary charge, no one needs to be present, and it involves an illegal entry. It is important to note that a defendant could be charged with both Robbery and Burglary if they were to break into a house and using a gun take money and other goods from the homeowner.
What are the Sentences and Penalties for Burglary or Robbery in Weld County?
Whether it is 1st Degree Burglary or 2nd Degree Burglary, each are normally a felony in Weld County. Second Degree Burglary can occur in one instance when a person violates a restraining order by a retailer or court, to keep out. This is a class 2 misdemeanor. First Degree Burglary carries the most severe sentence, being a class 3 felony with 4 to 12 years in a Colorado State Prison and $3,000 to $750,000 in fines. The normal Second Degree Burglary is a class 3 felony if a home is burglarized, and a class 4 felony if a business is burglarized. 3rd Degree Burglary is usually a class 2 misdemeanor punishable by up to 120 days in the Weld County Jail and up to $750 in fines.
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.
Top Greeley Attorneys Discuss Robbery and Burglary Charges
The top Greeley criminal attorneys at the O’Malley Law Office have over 30 years of experience in Robbery and Burglary cases. Our attorneys want to help you understand the charges you are facing, learn the details, and help you build the best defense in your case. Burglary and Robbery charges are serious offenses that can lead to felony convictions and have lasting effects on your personal life, career and freedom.