Burglary Criminal Defense Attorney for Denver Colorado
In the State of Colorado, burglary is defined as a person entering or remaining in a building or dwelling without invitation or permission with the intention of committing a crime. If a weapon is involved in this burglary you may be facing mandatory sentencing to prison.
Often the person involved with a burglary in Denver or the surronding area is experiencing their first encounter with the law. There is much uncertainty with what happens next and what impact a conviction may have on their life.
Philip M. Smith • Attorney • Denver, Colorado
Burglary Defense Lawyer
Free Consultations • Call (303) 333-8900 • Email
It can be difficult for a prosecutor to prove burglary. For example, if you had been invited to your friend’s home on a Friday night for the last two years and had never committed a crime in their home, it could raise question to the your intention to enter and commit a crime.
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First, DO NOT discuss this arrest with ANYONE except your attorney. Family, friends or coworkers may be called as witnesses. If you are being investigated or charged with Burglary, Theft or Robbery in Colorado make no statements to law enforcement and DO NOT make a confession expecting any leniency.
As with all criminal charges it is critical for me to obtain as much information about the incident as quickly as possible. The sooner I can get started the faster I can achieve the best resolution for you in this burglary allegation. Although courts and prosecutors are often more lenient with first time offenders, each case is unique. I have successfully handled thousands of criminal cases in Colorado and the Denver metro area in my career including crimes against property and burglary.
Philip M. Smith has over 35 years of legal experience as a judge, district attorney, and a private attorney practicing in all areas of criminal defense law.
As your criminal defense attorney, I will initiate contact with law enforcement in your behalf. I will review the events surrounding your arrest and charges, examine the evidence, and witness statements I will negotiate with the prosecutor to gain the best possible resolution to your criminal case. As your criminal defense lawyer, I will provide aggressive and effective defense regardless if this matter results in a plea bargain or goes to trial.
Burglary Charges and Sentencing
The charges and sentencing associated with Burglary are complicated and often includes other criminal charges.
- First Degree Burglary A person commits first degree burglary if they knowingly enter or remain unlawfully after entering with the intention to commit a crime, assault or menaces any person and is armed with a deadly weapon. This is a Class 3 Felony. If this person commits first degree burglary of a pharmacy or other place having lawful possession of a controlled substance it is a Class 2 Felony.
- Second Degree Burglary A person commits second degree burglary if they knowingly break and enter into or remain unlawfully with the intent to commit a crime against a person or property. This is a Class 4 Felony. It is a Class 3 Felony if the intent of theft of a controlled substance that is lawfully kept on the property burglarized.
- Third Degree Burglary A person commits a third degree burglary with intent to enter or break into any vault, safe, cash register, or equipment whether or not coin operated. This is a Class 5 Felony. It is a Class 4 Felony if the intent of theft is a controlled substance that is lawfully kept on the property burglarized.
- Possession of Burglary Tools A person must possess any explosive, tool, instrument or article used for forcible entrance into premises. Or, theft of any instrument or article, or knows that a person intends to use the article with the intention of forcible entry. This is a Class 5 Felony.
Call my office today for a free confidential consultation
Attorney Philip M. Smith
Consequences of Burglary Charge
A Burglary conviction in Colorado is not eligible for Sealing. These charges will be available to law enforcement, military, government agencies and the public. Denver landlords and employers will not risk their property or the property of their tenants and employees by renting or hiring a person who they see as a threat because of your charge or conviction. It is important to fully explore the facts and law before taking a guilty plea in Denver, Arapahoe, Jefferson or Adams County. I want to help you get the best resolution to your case by working to have the charges dismissed or obtain a Deferred Judgment.
Contact My Law Office
If you need a Colorado criminal defense lawyer for your Trespassing, Burglary or Theft criminal charge, or if you have questions about criminal charges, I encourage you to contact me, Philip M. Smith, Denver Criminal Defense Lawyer, 303-333-8900 today for a free and confidential initial consultation.