Facing burglary charges in Colorado can be an overwhelming experience, especially if this is your first time dealing with the criminal justice system. You may feel confused, anxious, or even scared about what lies ahead. The process of fighting burglary charges is complex, and the stakes are high. Whether you’re accused of breaking into someone’s home, business, or other property, it’s natural to worry about the potential consequences, including hefty fines, jail time, or a permanent criminal record.
At Hebets & McCallin P.C., we understand that facing criminal charges is more than just a legal battle; it’s a deeply personal and emotional experience. Our team is here to provide you with the support, guidance, and legal representation you need to navigate this difficult situation. We will work tirelessly to protect your rights and ensure that you receive the best possible defense. This blog will discuss burglary charges in Colorado and offer strategies that may help in defending your case.
Understanding Burglary Charges in Colorado
Burglary is a serious crime in Colorado, and the state has strict laws regarding this offense. The law defines burglary as the unlawful entry into a building or structure with the intent to commit a crime. The crime you intend to commit could be theft, assault, vandalism, or another illegal act. It’s important to note that the burglary charge doesn’t necessarily require you to have stolen anything. The key element of burglary is the unlawful entry with criminal intent.
Under Colorado law, burglary charges can be classified in different degrees, depending on the circumstances surrounding the offense.
First-Degree Burglary
This is the most serious form of burglary and involves entering a building, typically a home, with the intent to commit a crime, while also being armed with a weapon or causing harm to another person. This can lead to severe penalties, including long prison sentences.
Second-Degree Burglary
This charge generally involves unlawful entry into a building or structure with the intent to commit a crime but without the aggravating factors like a weapon or violence. While less severe than first-degree burglary, second-degree burglary still carries significant penalties.
Third-Degree Burglary
This charge typically involves burglary of a vehicle or trespassing with the intent to commit a crime inside the vehicle.
Possible Defenses Against Burglary Charges
There are several defense strategies that may be used to fight burglary charges in Colorado. The key to defending a burglary case is to challenge the prosecution’s evidence, reduce the severity of the charges, or create reasonable doubt in the minds of the jurors. Some of the common defense strategies for burglary charges include:
Lack of Intent
One of the main elements of burglary is the intent to commit a crime once inside the building or structure. If your defense attorney can show that you did not intend to commit a crime when you entered the premises, this can be a powerful defense. For instance, you may have entered the property without the intent to steal or harm anyone, and your actions may have been misinterpreted. This defense may not apply in every case, but it can significantly reduce or even eliminate the charges if proven.
Mistaken Identity
Another common defense in burglary cases is mistaken identity. If you were incorrectly identified as the person who committed the burglary, your defense attorney may be able to prove that you were not at the scene of the crime at the time it occurred. This can involve gathering alibi witnesses, surveillance footage, or physical evidence that proves your innocence.
No Unlawful Entry
Burglary charges can only apply if there was unlawful entry into a building or structure. If the prosecution cannot prove that you entered the property without permission, then the burglary charge cannot be sustained. For example, if you had lawful access to the building, were invited, or had the owner’s consent to be there, you may have a valid defense. Proving that there was no unlawful entry could help you avoid a conviction.
Lack of Evidence
A common defense against burglary charges is the lack of physical evidence connecting you to the crime. Without fingerprints, DNA evidence, or other forensic evidence that links you to the burglary, the prosecution may struggle to prove their case. If your defense attorney can successfully argue that the evidence presented is insufficient or unreliable, this can lead to a dismissal of the charges or an acquittal.
Consent or Permission
In some cases, you may have entered the building or property with permission, even if the property owner later claims that you did not. This could be the case if there was a misunderstanding or if you were allowed entry by someone who was not authorized to give permission. If you can prove that you had consent to enter the property, the burglary charge may be reduced or dropped.
Coercion or Duress
If you were forced to commit the burglary under threat of harm, you may be able to use the defense of coercion or duress. This defense argues that you were not acting of your own free will but were instead pressured into committing the crime. To successfully use this defense, your attorney would need to show that you were under imminent threat of harm and that you had no other choice but to comply with the demands of the person coercing you.
Statute of Limitations
Colorado law sets a statute of limitations for burglary cases, which means that if too much time has passed since the alleged crime, the prosecution may no longer bring charges against you. For most burglary charges in Colorado, the statute of limitations is three years. However, there are exceptions for certain circumstances, such as if you have fled the state. Your attorney can evaluate whether the statute of limitations applies to your case and whether this can be used as a defense.
Penalties for Burglary in Colorado
Burglary charges in Colorado carry severe penalties, especially if you are convicted of first or second-degree burglary. The penalties for burglary can vary depending on the degree of the charge, the circumstances of the crime, and your criminal history.
First-Degree Burglary
A conviction can lead to a sentence of 8 to 24 years in prison and fines up to $1 million.
Second-Degree Burglary
A conviction can result in 3 to 6 years in prison and fines up to $500,000.
Third-Degree Burglary
A conviction typically results in up to 18 months in prison and fines up to $100,000.
In addition to jail time, those convicted of burglary may also face probation, restitution to the victim, and a permanent criminal record. A criminal record can have long-lasting consequences, affecting your ability to find employment, secure housing, or apply for loans.
How Our Firm Can Help You
At Hebets & McCallin P.C., we understand that facing burglary charges can be an incredibly stressful time. You may feel lost and uncertain about how to proceed, but know that you are not alone. Our firm has years of experience helping clients navigate complex criminal cases, including burglary charges. We are committed to providing personalized, compassionate legal representation to help you achieve the best possible outcome for your case.
We will thoroughly investigate your case, analyze the evidence, and build a strong defense strategy tailored to your specific circumstances. Whether it’s challenging the evidence, negotiating a plea deal, or fighting for an acquittal in court, we will be there every step of the way.
If you or a loved one is facing burglary charges in Colorado, don’t wait to get the legal help you need. Contact Hebets & McCallin P.C. today to schedule a free consultation and learn how we can help defend your case and work towards a favorable outcome.
