Being accused of burglary can turn your life upside down, leaving you anxious about your future and unsure of what to do next. For many, the first step is understanding how to beat a burglary charge and what options are available to defend against the accusations. At McAdams Law Office in Greeley, CO, we know how overwhelming this situation can feel. That’s why we focus on crafting personalized legal strategies to protect your rights, challenge the evidence, and guide you through every step of the legal process.
Below, we explore the key strategies your lawyer may use to fight these serious charges and work toward the best possible outcome.
Under Colorado law, burglary is defined as unlawfully entering or remaining in a building with the intent to commit a crime, as detailed in Colorado Revised Statutes §18-4-203. This crime is distinct from related offenses like theft or robbery because burglary focuses on the unlawful entry itself, regardless of whether property is stolen or harm occurs. According to the Sentencing Council, theft refers solely to unlawfully taking property, while robbery involves using force or threats during a theft. Burglary, on the other hand, centers around the unlawful entry with intent to commit a crime, which may or may not involve theft.
This distinction is important when crafting a defense because the prosecution must prove specific elements, including intent, beyond a reasonable doubt. Intent, in particular, is often inferred from circumstantial evidence, leaving room for skilled defense attorneys to challenge these interpretations. Below are some of the strategies lawyers commonly use to contest burglary charges.
Demonstrating that you did not commit the alleged crime is one of the strongest defenses. Your attorney may work to show that evidence tying you to the burglary is flawed, inconclusive, or outright incorrect. For example, discrepancies in witness testimony, errors in forensic analysis, or missing surveillance footage can all be used to create reasonable doubt. Without clear evidence proving involvement, the prosecution’s case may crumble.
Burglary charges require proof of intent to commit a crime upon entering or remaining in the building. A defense lawyer can argue that there was no criminal intent involved, which directly undermines the charge. This strategy can apply in cases where someone entered a property by mistake, without realizing they were trespassing, or for a lawful purpose. Intent can often be difficult for the prosecution to prove, particularly when evidence is circumstantial.
Alibi evidence can directly challenge allegations of your involvement in the crime. Providing proof that you were somewhere else during the alleged burglary can lead to an acquittal. Examples of alibi evidence include security camera footage from another location, witness statements from individuals you were with, or timestamped transactions like receipts. These details can create doubt about whether you were present at the scene.
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A claim of right defense involves proving that you believed you had a legal right to enter the property or take certain items. For instance, entering a shared residence to recover personal belongings or retrieving property that you believe belongs to you can negate the criminal element of a burglary charge. This defense relies on demonstrating your honest belief in your lawful right to act as you did.
Demonstrating that you had the property owner’s consent to enter can be an effective defense. If you were invited onto the property or had prior permission to access the space, your actions may not constitute burglary. Evidence such as written permission, text messages, or emails can support this defense and weaken the prosecution’s claim that the entry was unlawful.
Police misconduct or procedural errors during the investigation can sometimes render evidence inadmissible. If your attorney can show that law enforcement violated your rights—such as conducting an illegal search, failing to obtain proper warrants, or mishandling evidence—this could weaken the prosecution’s case significantly. According to Colorado Judicial Branch guidelines, law enforcement must adhere to strict procedural rules when gathering evidence. Violations of these rules may result in the suppression of critical evidence, leading to the dismissal of charges.
Collaborating with a knowledgeable attorney is vital when defending against burglary charges. An attorney will carefully analyze the details of your case to uncover potential weaknesses in the prosecution’s evidence or errors in the investigative process. They may also work with expert witnesses, gather exonerating evidence, or interview key individuals who can support your defense.
Having a local lawyer who understands Colorado’s burglary laws is especially beneficial. Attorneys at McAdams Law Office know the intricacies of Greeley’s legal system and how to apply these nuances to your case. Building a personalized defense is the key to challenging these accusations and protecting your future.
For personalized legal support against burglary charges in Greeley, CO, contact McAdams Law Office. Our attorneys are dedicated to defending your rights and using every legal strategy available to fight your case. Call us today at (970) 353-0000 or visit us at 822 7th Street, Suite 530, Greeley, CO, for a free consultation. Together, we’ll build a strong defense to protect your future.
| DUI/DWAI Victories | Criminal Defense Wins |
|---|---|
People v. S.M.Two DUIs downgraded to DWAI, |
People v. M.J.Assault and child abuse charges |
People v. S.D.DUI dismissed, pled to |
People v. S.C.Theft charge dropped, |
People v. B.S.Breath test challenged, |
People v. A.E.Drug charges dismissed, |
People v. E.B.No jail, favorable plea despite |
People v. J.K.Burglary plea reduced, |
People v. R.G.One DWAI dismissed, another reduced with minimal work release. |
People v. C.R.Traffic offense reduced, |
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.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partiner, William McAdams who has more than 25 years of legal experience as a personal injury attorney.