In Greeley, Colorado, you can be charged with 2nd – Second Degree Burglary if you lawfully or unlawfully enter a building and remain there with the intent to commit another crime. Recently, in Mesa County a Deputy Clerk was charged with 2nd Degree Burglary and a cybercrime. The clerk allegedly entered a county building after being suspended. If it can be proven that she was there with intent to commit or did commit a crime, then she could face a conviction for the Second Degree Burglary charge. If you are facing a Felony Burglary charge, the lawyers at the O’Malley Law Office can help you navigate the Weld County Court. While this is not the most severe type of Burglary charge possible, it is a felony that can have substantial consequences on your life. Below, our criminal defense lawyers discuss Second Degree Burglary.
Definition of 2nd Degree Burglary, C.R.S. 18-4-203, in Weld County
The definition of 2nd Degree Burglary, CRS 18-4-203, in Weld County is:
Intent Before Entering a Building to Be Charged with Second Degree Burglary in Greeley, Colorado
The short answer is yes. If there is no intent to commit another crime before you enter a structure, then you cannot be charged with Burglary. The burden of proof to show intent, and when it is formed, is on the prosecution. This is not easy. Having a skilled criminal defense attorney can help you fight your case and prove the DA did not meet their burden of proof. Simply entering a building without permission is the crime of Trespassing. You can find more out about Trespassing here.
In Greeley, Colorado, What Does “Break-In” or Entering Unlawfully Mean in 2nd Degree Burglary?
In Greeley, entering a building does not have to look like a “breaking-in” or involve picking locks. A person with the intent to commit a crime can simply walk into a building and still be charged with 2nd Degree Burglary. In the case above the County Clerk walked into the building, but there was no “breaking” an entering. Once an employee is told not to come back, or that they are suspended, they are not permitted to enter into certain “employee only” places.
What is the Punishment for 2nd Degree Burglary in Weld County?
The sentence for 2nd Degree Burglary in Weld County comes under a class 4 felony. The penalties for a class 4 felony are 2-6 years in Colorado Department of Corrections and a fine of $2,000-$500,000, with 3 years mandatory parole. The sentence can be a class 3 felony if the burglary was committed in a dwelling, or the objective of the burglary was to steal a controlled substance within the structure. The penalties for a class 3 felony can be 4-12 years in prison, a fine of $3,000-$750,000 and with 5 years mandatory parole.
If you or someone you love has been charged with 2nd Degree Burglary, be smart, exercise your right to remain silent, and contact the best criminal defense attorneys from the O’Malley Law Office at 970-616-6009 today. Together, we can protect your future.
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