A convicted burglar was arrested in Boulder earlier this year by University of Colorado police. He will need an experienced trespassing lawyer. The man was caught inside a closed building while the campus was closed and was charged with Trespassing – C.R.S. 18-4-503. He could be charged with the more serious offense of Burglary – C.R.S. if it can be proven that he was trespassing with the intent to commit a crime.
What is the Difference between Burglary and Trespassing?
The difference between Burglary and Trespassing lies in the reason for breaking into a building. You will be charged with Second Degree Criminal Trespass in Weld, Morgan or Logan County if you:
- Remain in or on the premises of another person that is closed in order to keep people out.
- Enter or stay in the common areas of an apartment building, hotel, condo or motel.
- Stay or enter into a car.
Second degree Trespassing is either a class 2 or 3 misdemeanor (it can also be a class 4 felony under specific circumstances). Burglary appears similar to Trespassing, but criminal defense lawyers know the difference is very important. You will be charged with Second Degree Burglary – C. R.S. 18-4-203 if you:
- Break into, or remains in a building (or occupied structure) with the intent to commit a crime against another person or property.
The difference of these two property crimes lies in the reason for remaining on the premises of another person unlawfully. For example, if the man went into the closed section of the college campus mistakenly, or if he simply wanted to get in from the cold (he is a transient), then he would be charged with Trespassing. If, however, it was found that he was in the closed building in order to commit a crime (such as theft), he would be charged with the more serious Burglary charge. The transient man is a known burglar, and he was found with items (an iPod, computer, etc.) which will most likely result in a Burglary charge, if the items were stolen.
The differences between Trespassing and Burglary are small, but the consequences are great. Second Degree Trespassing is a misdemeanor offense in most cases, but Second Degree Burglary is a felony offense in Weld, Boulder and Sedgwick County. If you have been charged with either offense, it is very important that you work with an experienced trespassing attorney who can work to get your case dismissed, or work out a favorable plea deal.