Weld County Burglary Attorney
Man Caught with His Pants Down

If you or someone you love has been charged with Burglary, be smart, exercise your right to remain silent, and contact the O’Malley Law Office at 970-616-6009.

Burglary is charged in Greeley and Weld County when a person is accused of unlawfully entering somewhere with the purpose of committing another crime. In many cases, that secondary crime is Theft. A man was recently arrested for this crime, and when contacted by police, he was in a compromising position. According to the report, the man was a suspect in a Burglary case and police entered his home to apprehend him. When they opened the bathroom door, the man was sitting on the toilet with his pants down. He allegedly told the officers that he ‘barely made it.’ It wasn’t noted whether the man was allowed to finish his business before being placed in handcuffs, but he was able to pull his pants up before being taken out to the police vehicle. He was arrested and charged with Second Degree Burglary.

Greeley Second Degree Burglary Defense Lawyer: How is 2nd Degree Burglary Charged in Colorado?

The Greeley, 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.

Basically, Burglary is charged when a person Trespasses with the intent to commit another crime.

Penalty for Second Degree Burglary in Windsor and Firestone

In Windsor, Firestone, and across Weld County, Second Degree Burglary is charged as follows:

  • Second degree burglary is a class 4 felony if the burglary is of an occupied structure or of a building being used for the operation of a commercial business.
  • Second degree burglary is a class 3 felony if:
    • It is a burglary of a dwelling;
    • The objective of the burglary is the theft of a controlled substance, as defined in section 18-18-102 (5), lawfully kept within any building or occupied structure; or
    • The objective of the burglary is the theft of one or more firearms or ammunition.
  • Second degree burglary is a class 2 misdemeanor if the person knowingly violated a written notice by a retailer or an order by a court of lawful jurisdiction specifically restraining a person from entering a particular retail location during hours which the retail store is open to the public.
  • Second degree burglary is a class 5 felony if the burglary is of any other building not described in subsection (2)(a), (2)(b), or (2)(c) of this section.

Commonly, the Burglary occurs in a home, which would be a class 3 felony.


If you or someone you love has been charged with 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 to schedule a free initial consultation. Together, we can protect your future.

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