If You Are Charged With Burglary, What Does It Mean?

Burglary is a unique area of crime.  Unlike other offenses, its key element rests in the question of intent.  Unlike theft, where there are detailed rules for determining whether or not the object was taken or not.  The only requirement to prove a burglary case is that the defendant entered a house with the intention to commit a crime.

The crime can be of any sort.  There are several degrees of burglary and depending on the state; it can be up to the 4th degree.  A first degree burglary is a serious felony and carries a lengthy prison sentence.  The law is more lenient with lower degree crimes and depending on the state, it can be classified as a misdemeanor.

Additional Factors In A Burglary Case

As mentioned above, there are several levels of burglary and the degree depends on certain aggravation or alleviating factors that are present in each case.

For example, in Colorado a first degree burglary is committed when the person who has gained entry into the premises carries on their person arms or explosives.  In addition, the crime becomes even more serious if the object of the crime is drugs.  These two conditions transform the case into a class 3 and class 2 felonies, respectively.

Also, Colorado state law makes provisions for habitual burglary offenders who are liable to be sentenced to more than the maximum prison term that is usually specified for such cases.

A second degree burglary results when the person who enters unlawfully doesn't carry arms or explosives.  However, the treatment of the case is more severe if the burglary takes place inside a residential premise.

Lesser burglary offenses like Burglary in the third degree come about when an attempt is made on items like vending machines or telephone booths.

In all these cases, the offense is more severe if controlled substances are involved.

Defending Your Intent To Commit A Crime

As mentioned earlier, the key element of burglary is to prove the intention.  Colorado laws allow a person to be convicted of a class 5 felony if they are found in possession of any instrument that can be used to forcibly enter a house, and intends to use them for that purpose.

This is very dangerous, since there are many tools that are harmless for everyday use, but which can be used for the purpose of committing a crime.  For example, a simple crowbar that is very useful in a vehicle can be used to break into a house.

At Clawson & Clawson, LLP, the attorneys are here to defend you against false burglary charges.  By thorough case construction, we will work to prove that your intentions were harmless. In case this was not successful, there are several ways by which we can bring about a lesser sentence, or no prison time at all!

We will bring up mitigating circumstances to lessen the degree of the crime you are convicted of, and also try to get the court to prescribe "Diversion Programs" that will enable you to perform other activities like civic duties in order to prevent the crime of burglary from tainting your records

So don't hesitate.  Call our Clawson & Clawson, LLP, attorneys now and get the best defense in Colorado!