In Weld County, if you are in possession of common tools that can be used to break into a place of business, home, or vehicle, with the intent to use the tools for that purpose, you can be charged with Possession of Burglary Tools. Below, the affordable lawyers at the O’Malley Law Office discuss Burglary Tool Possession and what you need to know if you face this criminal charge in Greeley.
What is the Definition of Possession of Burglary Tools, C.R.S. 18-4-205, in Greeley, Colorado?
The definition of Possession of Burglary Tools, C.R.S. 18-4-205, in Greeley is:
It is important to note that the prosecution must prove that the defendant was not only in Possession of Burglary Tools, but also that the defendant or another, had the intent to use them in the commission of a Burglary.
In Weld County, What Common Items Can Be Considered a “Burglary Tool” Under C.R.S. 18-4-205?
The broad definition in C.R.S. 18-4-205, makes almost anything a “Burglary Tool” in Weld County, under specific circumstances. However, the most common tools in a Possession of Burglary Tools charge are:
- Kits that make “spare keys”
- Screwdrivers
- Hammers
- Wrenches
- Glass breaking tools
- Magnets
- Blowtorches
- Crowbars or Prybars
Again, it is important to note that just carrying these tools around does not mean that you can be charged with Possession of Burglary Tools. There are many legitimate and legal uses for these tools. Yet often this charge can be made if a person is not in a place where they are supposed to be or they are also facing Burglary charges. Consider the person who is hiding in the backyard of a vacationing homeowner, and a neighbor calls police. To learn more about Burglary charges, go here.
What is the Sentence and Penalty for a Possession of Burglary Tools Conviction in Windsor and Erie, Colorado?
In Erie and Windsor, Possession of Burglary Tools is normally a class 2 misdemeanor, with a penalty of 3 months to 364 days in the Weld County Jail, a fine of between $250 and $1,000, or both. However, it is a class 5 felony if the tools were knowingly possessed to help a person forcibly enter a residence for the purpose of stealing something. A class 5 felony is punishable with 1-3 years in a Colorado State Prison, a fine of $1,000 to $100,000, and 2-years mandatory parole.
What Defenses Do I Have Against a Possession of Burglary Tools in Weld County?
You should always consider defenses to your Possession of Burglary Tools charge in Weld County. Having an affordable and skilled attorney who can aggressively fight for you can get you the best outcome. Some common defenses against the charge of Possession of Burglary Tools are:
- There was no intent to use the tools during a crime – show the government that you had a legitimate use for them and were pursing that use. For example, you were on your way home from work, where the tools you had were necessary.
- The tools are not the type commonly used for forcible entry
- The “tool” is not actually something that can be used to commit an entry into someone’s business or residence.
The O’Malley Law Office lawyers know that your “intent” is where our side can really put holes in the prosecution’s case. The proof of just having a tool in your possession is not enough to convict a person. Always refuse to answer questions from police, and keep as many defenses as possible open for your use. A quick question and answer session with police can land you in prison.
What are Similar Greeley Criminal Charges like Possession of Burglary Tools?
Often in Greeley, when a defendant is charged with Possession of Burglary Tools, they are also charged with other criminal offenses. Some relate criminal charges are:
- Attempted Theft or Theft – C.R.S. 18-4-401
- First Degree Burglary – C.R.S. 18-4-201; Second Degree Burglary – C.R.S. 18-4-203
- Attempted Robbery or Robbery – C.R.S. 18-4-301
- Criminal Trespass – C.R.S. 18-4-502
Facing a Possession of Burglary Tools or any other charge is daunting as it can affect your life, career, and leave you with a criminal record. It is important to make sure that you have the most experienced and affordable lawyers in Weld County. The O’Malley Law Office is dedicated to learning about the details of your case and making sure that we get the best possible outcome.
If you or someone you love has been charged with a Possession of a Burglary Tool, Burglary, Robbery, or another criminal charge in Weld County, be smart, and exercise your right to remain silent. Contact the best Greeley criminal defense attorneys from the O’Malley Law Office at 970-616-6009. Together, we can protect your future