Burglary, Robbery, and Property Crimes Defense Lawyer

Burglary

There are several different types of burglary charges in Colorado.  At its core, burglary alleges that a person has trespassed into a place they are not supposed to be and while there, they commit another crime or form the intent to commit another crime.

Most burglaries allege involve a “building” or a “dwelling.”  “Dwelling” means a home.  “Building” means an occupied structure.  Burglary of a building is a class four felony but burglary into a dwelling is a class three felony that carries a more severe sentence range.

Burglary becomes a class three felony regardless if it is a building or dwelling if a person is assaulted or menaced, if a burglar is armed with explosives, or if the burglar possesses and threatens the use of a deadly weapon.    

Robbery

There are essentially two kinds of robbery in Colorado: Robbery and Aggravated Robbery.  Robbery is defined as taking anything of value from another by the use of “force, threats, or intimidation.” 

There are several different kinds of Aggravated Robbery.   Aggravated robbery can be charged when a deadly weapon is used with the intent to kill, main, or wound the person being robbed.  It can also be charged when the person being robbed is struck with a deadly weapon or when force, threats, or intimidation along with a deadly weapon is used to put a person in fear of death or bodily injury.   It can also be charged when a person does not have a deadly weapon but has an “article” that would lead any person to believe is a deadly weapon and leads any person to “reasonably” believe that the article is a deadly weapon. 

Robbery is a class four felony while Aggravated Robbery is a class three felony that carries a more severe sentencing range.

Theft

The most common theft charges in Colorado are Theft and Aggravated Motor Vehicle Theft.  

A theft is committed when a person “knowingly” takes anything of another, without consent or by threat or deception, and: 

• Intends to deprive the other person permanently of the use or benefit of the thing of value;
• Knowingly uses, conceals, or abandons the thing of value in such a manner as to deprive the other person permantently of its use or benefit;
• Uses, conceals, or abandons the thing of value intending that such use, concealment, or abandonment will deprive the other person permanently of its use or benefit;
• Knowingly retains the thing of value more than 72 hours after the agreed upon time of the return in any lease or hire agreement. 

The severity of the theft charge depends on how much the “thing of value” is worth:

• Class 1 petty offense if it is worth less than fifty dollars;
• Class three misdemeanor if the thing of value is fifty dollars or more but less than three hundred dollars;
• Class two misdemeanor if the thing of value is three hundred dollars or more but less than seven hundred fifty dollars;
• Class one misdemeanor if the thing of value is worth seven hundred fifty dollars or more but less than two thousand dollars;
• Class six felony if the thing of value is two thousand dollars or more but less than five thousand dollars;
• Class five felony if the thing of value is five thousand dollars or more but less than twenty thousand dollars; 
• Class four felony if the thing of value is twenty thousand dollars or more but less than one hundred thousand dollars; 
• Class three felony if the thing of value is one hundred thousand dollars or more but less than one million dollars;
• Class two felony if the thing of value is one million dollars or more. 

Trespassing

There are several different types of criminal trespass in Colorado.  The most severe type of trespassing is First Degree Trespass, which is a class five felony.

First Degree Trespass can mean one of two things: entering a dwelling of another unlawfully or entering a motor vehicle with the intent to commit a crime therein.  

Criminal Mischief

Criminal Mischief involves “knowingly” damaging property in the course of a single criminal episode. 

The severity of the criminal mischief charge varies based upon the damage to the property:

• It is a class three misdemeanor when the damage is less than three hundred dollars;
• It is a class two misdemeanor when the damage is three hundred dollars or more but less than seven hundred fifty dollars;
• A class one misdemeanor when the damage is seven hundred fifty dollars or more but less than one thousand dollars;
• A class six felony when the aggregate damage is one thousand dollars or more but less than five thousand dollars;
• A class five felony when the damage to the property is five thousand dollars or more but less than twenty thousand dollars;
• A class four felony when the damage to the property is twenty thousand dollars or more but less than one hundred thousand dollars;
• A class three felony when the aggregate damage is one hundred thousand dollars or more but less than one million dollars;
• A class two felony when the aggregate damage is one million dollars or more. 

​You Will Need an Experienced Criminal Defense Attorney.

If you have been accused of Burglary, Trespassing, and Criminal Mischief charges and live in Longmont, Fort Collins, Boulder, Berthoud, Erie, Firestone, Frederick, Lyons, Mead, Niwot, Dacono, Weld County, or Adams County, you will want an experienced advocate. Choosing an experienced lawyer is the best decision you can make early on in your case.  To schedule a free consultation, call The Merson Law Office at (970) 219-2923. Or fill out an intake form here.