Burglary charges come in many shapes and sizes. A person could be charged with Third Degree Burglary for entering an ex-boyfriend’s apartment to get revenge or retrieve items purchased during the relationship. In situations where a person is menaced or threated during the break-in, people are charged with the much more serious offense of First Degree Burglary. Let’s look closer at this crime, and how we can offer a vigorous defense to protect your future if you have been charged in Weld, Morgan, or Logan County.
What is First Degree Burglary?
First Degree Burglary – C.R.S. 18-4-202, usually involves unlawful entry into the home of another person, with the intent to commit a crime,and a person was assaulted or menaced, or a deadly weapon was present during the break in. The “intent to commit a crime” must be present in order to be charged with Burglary (otherwise the person would simply be charged with Trespass / Trespassing).
The “intent to commit a crime” must be present to be convicted.
An Example of First Degree Burglary
Last year in Greeley, two men were arrested under suspicion of First Degree Burglary after allegedly breaking into a home in the middle of the night in an attempt to steal guns which were present in the house. According to the news report, the two men forced their way past the owners, slapped the wife, and threated to kill her. Because a deadly weapon was present, and because the woman was assaulted and threatened, they most likely faced First Degree Burglary charges.
What is the Sentence for First Degree Burglary?
First Degree Burglary is a class 3 felony. But, it is considered to a crime of violence, so it carries a harsher sentence. If a person is convicted of First Degree Burglary, they could face up to 16 years imprisonment in the Colorado Department of Corrections (DOC).
Why You Need a Lawyer for First Degree Burglary Charges
Because First Degree Burglary charges carry a harsher consequence, it is important to work with an experienced criminal defense attorney who understands the importance of requiring the District Attorney to prove beyond a reasonable doubt that you committed the crime. In many cases, we are able to get cases dismissed, or work out a favorable plea deal to a lesser charge, which eliminates prison time. Don’t lose heart if you have been charged with burglary – contact us for a free consultation to discuss your situation and create a winning plan for your defense in Greeley, Evans, or Erie.
If you or a loved one has been charged with First Degree Burglary or any other form of burglary, be smart, exercise your right to remain silent, and contact an experienced criminal defense attorney at the O’Malley Law Office at 970-616-6009. Together, we can protect your future.
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