2nd-Degree Burglary in Colorado

Second-degree burglary charges in Colorado can be a source of intense anxiety and fear for anyone facing them. The confusing legal definitions, varying classifications, and potentially severe penalties can be overwhelming and frightening. It’s natural to feel uncertain about your future when confronted with such serious accusations.

However, you don’t have to face this situation alone, and you should never try to do so. A skilled criminal defense lawyer from McAdams Law Office in Greeley can provide the defense representation you need. Call us today to learn more.

What is 2nd-Degree Burglary?

A person commits 2nd-degree burglary when they intentionally enter or stay in a building or occupied structure without permission, with the aim of committing a crime inside. This can happen in three ways:

• Forcibly breaking in
• Entering without authorization
• Remaining inside without permission, even if they initially entered legally

The key elements are the unauthorized presence and the intention to commit a crime against a person or property once inside.

Penalties for 2nd-Degree Burglary

The penalties for 2nd-degree burglary can vary widely based on the circumstance of the alleged crime. In general, a conviction for 2nd-degree burglary can include jail time, fines, probation, and other consequences. These classifications help determine how seriously the crime is treated and what kind of punishment the accused might face.

• 2nd-degree burglary is classified differently based on the type of building involved and the intent of the burglar.
• If someone breaks into a building used for business or an occupied structure, it’s considered a class 4 felony.
• The crime becomes more serious, a class 3 felony, in three specific situations: if it’s a home burglary, if the burglar is after controlled substances (like drugs) that are legally kept in the building, or if they’re trying to steal guns or ammunition.
• There’s also a less severe category, a class 2 misdemeanor, which applies when someone enters a store despite being banned by the retailer or a court order.
• Finally, if the burglary doesn’t fit into any of these specific categories, it’s classified as a class 5 felony.

Defenses to 2nd-Degree Burglary

As a person accused of burglary, you should keep in mind that there may be defenses available to you. An attorney can review the facts of your case, including the police report, and determine if any apply. Some of the more common defenses to burglary include:

• Consent to enter the property
• Mistaken identity
• Alibi
• Lack of intent
• Misunderstanding or mistake

In situations where there may not be a legal defense available, an attorney can often still mitigate the consequences you are facing by negotiating a plea bargain with the prosecutor handling your case.

Contact a Greeley Criminal Defense Lawyer Today

If you or someone you know is facing charges related to second-degree burglary in Colorado, it is important to consult with a knowledgeable criminal defense attorney. McAdams Law Office, led by attorneys Bill McAdams and Johnathan Stein, has more than 20 years of legal experience on both sides of the courtroom.

Don’t face these serious charges alone. Contact McAdams Law Office today at 970-353-0000 for a consultation, and let our team handle your legal defense with confidence, experience, and dedication.

William McAdams

William T. McAdams, known as Bill, is a highly experienced criminal defense attorney and former prosecutor. Since establishing McAdams Law Office in 2006, he has represented clients in cases including DUI, domestic violence, and theft, handling over 100 jury trials. Bill serves clients predominantly in Weld and Larimer counties, including Greeley, Evans, Windsor, Loveland, and Fort Collins. An active community volunteer and member of multiple legal associations, he is dedicated to protecting his clients’ rights.

Find Bill on:
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Contact McAdams Law Office today for a free consultation.