A woman received quite the shock when she came home after being out of town for a few days. She walked in the front door to find two strangers having sex on her couch and her house had been torn apart. According to a neighbor, while the woman was away the suspects were seen taking bins full of clothing out of the house. One was even seen trying to sell some of the woman’s jewelry. When the home owner came back to her house and confronted the indisposed couple, the man was able to get away, but the woman was left behind and arrested for Second Degree Burglary, a felony in Greeley, Erie and Evans.
Weld County Burglary Lawyer: What is the Definition of 2nd Degree Burglary?
The Colorado law definition of Second Degree Burglary – C.R.S. 18-4-203 – is:
“A person commits second degree burglary, if the person knowingly breaks an entrance into, enters unlawfully in, or remains unlawfully after a lawful or unlawful entry in a building or occupied structure with intent to commit therein a crime against another person or property.”
In Weld, Morgan, and Logan County, Burglary and Trespassing are similar crimes. In fact, in order to be charged with 2nd Degree Burglary, the accused must have first committed Trespassing. Burglary just takes it one step further. Basically to be charged with Second Degree Burglary, you must trespass on someone’s property with the intention of committing another crime. In the case above, the couple unlawfully entered the woman’s house (Trespassing) with the intention to steal from her (Theft).
Greeley Burglary Lawyer: What is the Sentence / Punishment for Second Degree Burglary?
Second Degree Burglary can be charged as a class 4 or class 3 felony in Greeley depending on the circumstances. It is a class 3 felony if:
- It is a burglary of a dwelling; or
- It is a burglary, the objective of which is the theft of a controlled substance, as defined in section 18-18-102 (5), lawfully kept within any building or occupied structure.
If the Second Degree Burglary does not meet any of the conditions above, it will be charged as a class 4 felony. Either way, these felony charges are punishable by time spent in the Colorado Department of Corrections. A class 3 felony is punishable by 4 to 12 years in prison along with fines up to $750,000. A class 4 felony, on the other hand, is the lesser of the two and is punishable by 2 to 6 years in the Colorado Department of Corrections and up to $500,000 in fines.
If you or someone you love has been charged with Second Degree Burglary, be smart, exercise your right to remain silent and contact the best Greeley criminal defense attorneys from the O’Malley Law Office at 970-616-6009 today. You deserve a solid defense to prove you are innocent. Together, we can protect your future.
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