Have you been falsely accused of Second Degree Burglary in Weld County? You will need a hard hitting criminal lawyer who understand Burglary charges if you are arrested. A Colorado man was recently accused of Burglary after he was caught by a homeowner trying to take a car. They held him for the police. A Weld County Second Degree Burglary charge has many different aspects, and the O’Malley Law Office can help you navigate each of them.
2nd Degree Burglary, C.R.S. 18-4-203, Definition in Greeley, Colorado
In Greeley, Colorado, the definition of 2nd Degree Burglary, C.R.S. 18-4-203, is:
What Types of Building or Occupied Structure is Defined in Second Degree Burglary in Weld County?
In Weld County, a building or occupied structure as defined in Second Degree Burglary is any structure that provides protection against the elements. It is also important to note that if any part of the structure is a part of someone’s residence, it is included. Some examples of dwellings can be a garage, a trailer home, and a hotel room.
In the story above, if the man were trying to take the car from the garage and was there unlawfully, then he could be charged with Second Degree Burglary.
Prison or Jail Sentence for 2nd Degree Burglary in Greeley, Colorado?
In Greeley, 2nd Degree Burglary is a class 4 felony crime if the structure is not a dwelling – or a place where someone lives. If convicted of this type of Burglary, the penalties can include 2-6 years in Colorado Department of Corrections and/or a fine of $2,000-$500,000 and 3 years mandatory parole. If someone is convicted of 2nd Degree Burglary of a dwelling, the crime will be charged as a class 3 felony, and the penalties are increased to 4-12 years in prison and/or a fine of $3,000-$750,000, with 5-years mandatory parole.
The man in the story above, if convicted, would be face a class 3 felony since the garage was included as part of a dwelling.
Defenses to Second Degree Burglary in Weld County
It is important to have a skilled lawyer who can defend your criminal case in Weld County. Some defenses for a Second Degree Burglary charge can include:
- You did not know you were on the property unlawfully
- It was mistaken identity
- You were lawfully on the property
- You did not enter or remain on the property with intent to commit a crime
Falsely accused of a Second Degree Burglary charge in Greeley or Weld County? Call our criminal defense law firm today. Be smart, and do not to speak to any police officer about your case. They are not here to help your case. Call 970-616-6009 to talk with an experienced criminal defense lawyer in the Greeley and Weld County area. Together, we can protect your future.
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