Criminal Defense Articles
How Do Prosecutors Decide Whether Something Is a “Deadly Weapon”?
In Colorado, a deadly weapon is defined as a knife, gun, or any object that could result in death or serious bodily injury to a person. That means it is possible for everyday objects, such as a brick or a pipe, to be considered a deadly weapon in a criminal case. It is important to keep this in mind since many crimes could carry more severe penalties if conducted with the use of a deadly weapon.
Understanding How the Classes of Felony Theft Crimes Work
In Colorado, felony theft, also known as grand larceny, occurs when someone intentionally steals property valued at $2,000 or more. These crimes involve harsh penalties and steep fines of up to $1,000,000 if convicted. If you are facing felony theft charges, it is essential to obtain the assistance of an experienced criminal defense attorney to protect yourself against these allegations.
What Actually Is Trespassing in Colorado?
While trespassing is a serious offense, many people have misconceptions about what this crime actually entails and what the potential consequences are. The word “trespassing” is typically used as a blanket term to cover a wide range of actions, from hunting or fishing on someone else’s land to breaking and entering for the purpose of committing a crime. In Colorado, criminal trespass is charged in three different degrees, each with different consequences.
What If My Case Goes to Trial?
If you have been charged with a crime, chances are your case will go to trial. Unless your Breckenridge criminal defense attorney is able to get your charges dismissed, or you accept a plea bargain, you will have your day in court and an opportunity to present a defense against the charges. It is important to understand how the process works so you know what to expect before your case goes to trial.
Understanding Motive During Criminal Proceedings
Motive is the reason a person decides to commit a crime. Individuals may engage in criminal conduct out of jealousy, revenge, or greed, or for other reasons. Although evidence of motive may be admissible at trial, it is not necessary to prove that a crime was committed. Nevertheless, motive is often considered important in criminal trials because it helps the prosecution prove its case.
I’m Pleading Guilty–Still Need a Lawyer?
Many people planning to plead guilty to the charges against them wonder if it is necessary to have a lawyer. No matter the circumstances of your case, the advice and legal guidance of a Breckenridge criminal defense attorney are vital. Before engaging the police in any communication or signing a plea agreement, you need to talk to an attorney first. Read on to find out why.
Do Multiple DUIs Make a Difference in Colorado?
Driving under the influence is a serious crime in Colorado. Some people believe that you are only legally drunk if your BAC is 0.08 percent and above or can only be drunk if you are stumbling around on the road. The truth is that there is no bright line definition of what is considered to be drunk and this is why many people are arrested for DUI even though they are not acting drunk.
The FBI Has Colorado on Its Radar for Internet Crimes
Internet crimes are on the rise in Colorado and across the nation. The CBI and FBI are focused on identifying, arresting, and charging any individual engaging in cybercrime. An FBI report reveals that in 2020, the total number of complaints increased to 791,790, almost 350,000 more than the prior year, leading to $4.2 billion in losses – about 2,000 complaints every day. 2020 was the worst year on record for internet crimes, many of which originated in Colorado. FBI agents on the cybercrime task force are hard at work in the state – and ready to arrest and charge any person they believe is committing internet crimes.
When Is Theft a Felony in Colorado?
Theft is a felony in Colorado when the amount stolen exceeds $2,000. There are multiple felony classes—which class you are charged with depends, among other things, on how much was taken. For example, a Class 6 felony is for thefts of $2,000 to $5,000, while a Class 2 felony is for thefts of over $1,000,000.
Parental Rights During a Juvenile Arrest in Colorado
Nothing is more nerve-racking than being called to a police station because your child was arrested. This can be especially distressing if you are on vacation here in Breckenridge and were hoping for a relaxing break. Whatever the situation may be, your first thought is to get your child home and safe before you start dealing with the legal ramifications of an arrest. Our team of criminal defense lawyers at Whitaker & Penix, LLC understands that you are going through a difficult time and are prepared to explain your legal rights as a parent when your child is arrested.