There are three degrees of burglary in Colorado: first degree burglary, second degree burglary, and third degree burglary. Any charge of burglary, regardless of degree, is a serious one, and can result in a sentence to the department of corrections (prison). Should the charge of burglary involve any allegation of the use of a weapon such as a knife or firearm, the severity of the charge is significantly elevated.
First degree burglary is either a class 3 or class 2 felony, second degree burglary is either a class 4 or class 3 felony, and third degree burglary is either a class 5 or class 4 felony.
Second degree burglary becomes first degree burglary when the perpetrator increases the risk of deadly or bodily harm to an occupant or other person present by possessing a deadly weapon and knowingly placing or attempting to place that person in fear of serious bodily injury or intending to cause and actually causing serious bodily injury to any person. The defendant is considered to be armed with a deadly weapon if the weapon is easily accessible, and readily available for use. If the defendant steals a deadly weapon and thereby becomes armed with a deadly weapon, the burglary is elevated to first degree – without any requirement that the prosecutor show that the defendant assaulted or menaced anyone with that weapon. The prosecution has a burden to establish that the defendant did not have a lawful right to be inside the building, for the burglary charges to be sustained.
Third-degree burglary involves the breaking and entering not into a building, but into a vault, safe, cash register, coin vending machine, coin telephone, or other apparatus. “Other apparatus” means something similar to a vault or safe. However, an unsecured and unlocked locker that doesn’t look like it is used for the safekeeping of values would not be such an “other apparatus”. Circumstantial evidence may be sufficient to sustain a conviction for third degree burglary – meaning that police do not necessarily need to see the defendant perform the actual breaking and entering into the apparatus involved.
Why Have I Been Charged with Burglary If I Didn’t Steal Anything?
You may have been charged with a crime of burglary, and be confused as to why those charges have been brought against you. While crimes of burglary often involve allegations of breaking and entering and then a subsequent theft committed inside the premises, one can commit a burglary by entering unlawfully into the premises with an intent to commit some other crime – for example, assault. Intent to trespass alone would be insufficient to convert a charge of trespass to one of burglary.
Our Denver Criminal Attorney Defends All Types of Burglary Charges
Even if an actual burglary is neither committed or attempted, an individual can also be charged with a crime known as possession of burglary tools. That crime is committed when a person possesses any tool adapted, designed, or commonly used for committing or facilitating the commission of a burglary, and the person also had intent or knowledge that another would use the tool in order to commit a burglary. That crime is a class 5 felony.
Burglary and Marijuana
One type of burglary receiving significant media attention in Colorado and throughout the country itself is burglary targeting marijuana companies. Marijuana companies in Colorado currently have a robbery and burglary rate of approximately 50 percent. These cases often are covered by local news media. If you are currently facing burglary charges, contact Denver defense attorney Kimberly Diego today at (720) 257-5346 to discuss your case, and receive a free consultation over the phone, in person, or via email.
I had no experience with the justice system when I got my charge and would have been COMPLETELY lost in court without Kimberly there to get me through the process! I was certain I would at least get probation and fines, but Kim actually got my case dropped in the end! I couldn't believe it! I had other lawyers tell me I was in for much more but Kim went above and beyond to get the job done with the utmost integrity and professionalism! I would highly recommend her to anyone needing an attorney. Thanks again, Kim!
Oct 7, 2015
by Annie on
hen I started looking for a criminal lawyer to help with my husband's criminal case, I went through many initial consultations with other lawyers which resulted in me getting turned away because they felt our situation was hopeless. When I contacted Kimberly via email to ask if she thought she could help, I had barely just sent out the email when I saw a response from her. She told me she was confident she could help us, and she just made me feel so positive about everything. Kimberly has always been quick to respond, and she is great at mixing her professionalism with her compassion for the law and helping people get through their issues. I never doubted that she would help my husband get his open warrant lifted while he could not appear in person. We currently live in Brazil and we needed his warrant lifted in order for us to be able continue the immigration process, and despite all of the odds against us, she still did it! I highly recommend her services if you are looking for someone who is personal and professional, good at what they do, and not afraid to take on difficult cases. My husband's case is not yet finished completely yet, but we know Kimberly will get us through it!
Oct 7, 2015
by G. on
I retained Kimberly Diego to represent me in a criminal case in 2010. I found her to be a very competent criminal defense attorney. She was able to assist me in getting my case dismissed. She knows the ins and outs of the Colorado courts and is able to offer sound advice based on that knowledge. Her fees were both reasonable and fair. I would highly recommend Ms. Diego.
Oct 7, 2015
by Stephanie on
My husband & I are very happy in having chosen Kimberly Diego as our attorney. She negotiated and got the best outcome for my husband's case. I recommend anyone needing legal help contact Kim as she not only is professional but also takes a personal interest in her client's and their final outcome. Again Kim thank you for your excellent representation!
Oct 7, 2015
by Robert on
We contacted Kimberly Diego for a DUI that involved some very difficult circumstances with law enforcement officers. Upon dealing with this very serious situation, I knew that it was going to be complicated and difficult to get through. I was facing my 3rd DUI conviction, yet the law enforcement officers in this case acted unethically. Kimberly was diligent in hiring two key investigators to gather information that would benefit my case, and in the end all the work aided in the DUI charge being dropped. Although my wife and I never want to go through a situation like this again, we would recommend Kimberly for a defense attorney. Her focus, will to not quit, and focus to the detail that was necessary for my case, were all key in her work with me. Kimberly is very busy yet we learned quickly that she was doing the work necessary to be ready for our court date. We highly recommend Kimberly!
Oct 7, 2015
by Dean on
I was truly fortunate to have Kimberly Diego as my Lawyer. She seems to practice law because she believes in the judicial process. Her negotiation skills and knowledge put me at my best advantage with respect to defending myself. It was evident in court that she was a trustworthy expert, and enabled me to enter a fair and reasonable plea. Her representation gave me confidence, and helped put my life back on track, a sort of reform that jail time or longer probation could never have accomplished. Moreover, Ms Diego is a realist, but still took on challenge. She went above and beyond what any other lawyers I spoke with could not even fathom. She did what was necessary to represent me in all aspects of my defense needs. Finally Ms Diego was efficient and worked quickly keeping the amount of billable hours to a number I could afford. I highly recommend Ms Diego as a defense lawyer.
Oct 7, 2015
by Brent on
Hello Kim, I wanted to thank you for representing me with my recent incident in the Boulder area. You wasted no time in contacting the court to address my case. We we received feedback from the court about my case, you were not satisfied with their statement for my outcome. You took the case back to them, and you presented reasons for them, to offer me a better deal. I believe I received the best outcome I could possibly receive, for my situation. If I have another opportunity to use you again, I would certainly not hesitate, in calling you for my representation. Thank you again, for your help.
Oct 7, 2015
by Sekou on
Kimberly is a true professional. Shes professional, but not cold and strictly business. Kim took time to listen and ask questions and never being in a position in which i needed a lawyer, she actually made me feel as though i was a friend of hers that was in trouble and in need of her help. Kim was there for me and with her help and true professionalism the "other side" resorted to dropping all charges. Im am grateful that i made that call to Kimberly Diego and i would highly recommend her to represent you in court. Again thank you Kimberly, although i would NEVER want to go through it again, im glad to have met you, im happy to have had you represent me and consider you a friend
Oct 7, 2015
by Travis on
I contacted Kim concerning a case, which involved Indecent Exposure charges. Throughout the entire episode, she remained professional and courteous. I found her fees to be reasonable and fair. I was prepared to plea to the lesser charge, in exchange for a dismissal of the Indecent Exposure charge. After she explained she got both charges dismissed, I raised both my hands in triumph.
Oct 7, 2015
by Wayne on
Thank you so much for handling our daughters shoplifting case. The results were better than we expected. The professionalism and courtesy you showed in handling our case, and the updates and keeping us informed were always well timed and more than adequate. If I ever have the need (or anyone I know has the need) for a shoplifting attorney, I will definitely choose you or recommend you. GREAT JOB!!!"
For a Free Consultation
Ready to take the first step towards protecting your future? Contact Kimberly Diego to schedule a free 45-minute consultation, where you can explore the unique circumstances of your case and determine your options. You can call Ms. Diego via phone at 720-257-5346, or simply fill out a free case review form to have a representative from the Law Office of Kimberly Diego contact you promptly.
Ms. Diego works with clients in the Denver metro area and beyond, including Boulder, Brighten, Broomfield, Castle Rock, Lakewood, Englewood, Aurora, White Ridge, Arvada, Westminster, Thornton, Northglenn, Fort Collins, and Colorado Springs. She has experience defending clients in all counties, including Adams, Arapahoe, Boulder, Broomfield, Denver, Douglas, Jefferson, and Lakewood.
In the 1980s, many states – including Colorado – created legislation that began to enhance sentencing for certain drug crimes based on where the crimes were committed. It is the birth of this type of legislation that gave us Drug-Free Zones.
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Sometimes things happen quickly before you can think. Instinct kicks in. The problem is: An action you may not have intended to take could land you in serious trouble in Colorado – and end in charges that include domestic violence as an aggravating factor.
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