Facing a burglary charge can be an overwhelming and frightening experience.
Whether you have been accused of a crime you didn’t commit, or you found yourself in the wrong place at the wrong time, you need to know your legal rights as well as the laws in Colorado that govern burglary charges and the consequences that may result.
KEY TAKEAWAYS:
- Being charged with burglary in the state of Colorado is a serious situation that can have lasting effects on your personal and professional life.
- Understanding the legal definition of burglary in Colorado is important for you to understand the charges in your case.
- It’s important to seek legal help after a burglary charge and find an experienced attorney who knows the law and can fight for your rights and your future.
Burglary charges, no matter the validity or severity, can come with great personal and professional ramifications.
If you are in a situation where charges have been brought against you, it’s important to follow certain steps to ensure your rights are protected, and you build a strong defense.
Understanding the Legal Definition of Burglary in Colorado
Colorado law defines burglary as an act of unlawfully entering or remaining in a building or occupied structure with the intent to commit a crime inside.
That said, the severity of the charges can vary based on various circumstances that surrounded the situation at the time of the crime.
For example:
- Whether the building was a residence: Burglary of a residence is often considered more severe than other types of buildings.
- Whether there was intent to commit theft or another crime: The specific crime you intended to commit can impact the severity of the charges.
- Whether a weapon was involved: The presence of a weapon can elevate the charges to a more serious degree and result in harsher penalties.
These factors are important distinctions because they can determine the degree of the crime and the consequential penalties you may face.
Degrees of Burglary in Colorado
Colorado looks at a burglary charge through the lens of three distinct degrees, each varying in severity based on specific circumstances surrounding the crime.
First-Degree Burglary: Involves entering a building with the intent to commit a crime, and either assaulting or menacing someone or being armed with a weapon.
Second-Degree Burglary: Involves entering a building with the intent to commit a crime, but without the additional factors present in first-degree burglary.
Third-Degree Burglary: Involves breaking into a vault, safe, or other secure area to commit theft or another crime.
Understanding the specific charge you are facing is the first step in building an effective defense.
You’ve Been Charged: Next Steps and Important Strategies for Your Defense in a Burglary Case
Regardless of the burglary degree you’ve been charged with, you will need to put together a plan as to how you are going to move forward and reclaim your life.
Your defense strategy will hinge on gathering and presenting evidence that supports your innocence or casts doubt on the prosecution’s case.
Here are some crucial steps for you to consider:
- Establish an Alibi: If you were not present at the scene of the alleged burglary, providing a solid alibi is one of the most effective defenses.
Gather evidence such as witness statements, surveillance footage, receipts, or any other documentation that can confirm your whereabouts at the time of the incident.
- Challenge the Prosecution’s Evidence: Examine the evidence presented by the prosecution for any inconsistencies or weaknesses.
This may involve questioning the reliability of eyewitness testimony, challenging the legality of the search and seizure, or highlighting any discrepancies in the forensic evidence.
- Demonstrate Lack of Intent: Burglary charges require proof of intent to commit a crime.
If you can show that you had no intention of committing a crime when entering the building, this can be a strong defense. For example, you might provide evidence that you entered the property for a lawful reason or by mistake.
- Investigate Police Conduct: Review the actions of law enforcement during your arrest and investigation.
If your rights were violated, such as through an unlawful search or coercion during interrogation, your attorney can file motions to suppress evidence or dismiss the charges.
- Gather Character Witnesses: Character witnesses who can testify to your good character and law-abiding nature can be valuable in building your defense.
These witnesses can include friends, family members, employers, or community leaders who can vouch for your integrity.
Seeking Support: The Importance of Hiring an Experienced Criminal Defense Attorney
Navigating the legal system and building a robust defense can often be overwhelming, particularly if you’ve been accused of something that can result in consequences that could do significant damage to your profession, your finances, your reputation, and your personal life.
For these reasons, most people who have been charged of a crime will elect to hire an experienced attorney who can help them make sense of the charges, explain the potential consequences and develop a strategic defense.
Here’s how:
- They Know the Law: A skilled attorney will have a deep understanding of Colorado’s burglary laws and the legal system. They can analyze your case, identify potential defenses, and develop a strategy tailored to your specific circumstances.
- They Have Investigative Resources: Defense attorneys often have access to investigative resources that can help uncover evidence in your favor. This can include private investigators, forensic experts, and other professionals who can assist in building your defense.
- They Have Excellent Negotiation Skills: An experienced attorney can negotiate with the prosecution for reduced charges or a plea deal, potentially minimizing the consequences of the charges against you. They can also represent you in court and advocate for your best interests.
- They Can Provide Legal Support and Guidance: Facing a burglary charge can be emotionally and mentally taxing. An experienced attorney can provide the support and guidance you need, helping you understand your rights and options throughout the legal process.
- Their Job is to Protect Your Future: A burglary conviction can have long-lasting effects on your life, including a criminal record, fines, and imprisonment. A skilled defense attorney will work tirelessly to protect your future and ensure the best possible outcome for your case.
Don’t Let a Burglary Charge Break You: Contact Geigle | Morales Today
Facing a burglary charge in Colorado can be a life-altering experience.
But with the right legal help, it doesn’t have to be.
At Geigle | Morales, we specialize in building robust defenses for clients in Denver and the surrounding areas of Colorado. Our attorneys bring extensive trial experience and unique insights from backgrounds as both public defenders and prosecutors, which means we are well-equipping to help put together a successful case on your behalf.
Remember, the sooner you seek legal assistance, the better your chances of achieving a favorable outcome.
If you or someone you know is facing a burglary charge, don’t hesitate to contact us for a free consultation.
Your future looks better with Geigle | Morales involved.
