Breckenridge Burglary Attorneys
Combating Burglary Allegations in Breckenridge
Burglars target vehicles, homes, and businesses, especially when owners are away for tourism or vacationing. Empty homes lack supervision, and unattended vehicles offer opportunities. Businesses also face increased burglary risk during holidays or peak tourist seasons due to lax security and heightened foot traffic.
Facing burglary charges in Summit County carries significant stakes, including potential imprisonment, fines, and a permanent criminal record. It’s crucial to consult experienced legal representatives from Whitaker & Penix, LLC. Our Breckenridge criminal lawyers offer personalized support, including after-hours follow-ups, to ensure our clients’ needs are met. With a focus on criminal defense, we provide a free 30-minute phone consultation, prioritizing our clients’ rights and striving for the best possible outcomes. Contact our attorneys at (970) 368-0602.
Understanding Burglary in Colorado
In Colorado, burglary involves knowingly entering or unlawfully remaining on someone else’s property with the intent to commit a crime, excluding trespass. The severity of charges depends on the circumstances. Burglary is categorized into three degrees: first-degree, second-degree, and third-degree. First-degree burglary (CRS 18-4-202), second-degree burglary (CRS 18-4-203), and third-degree burglary (CRS 18-4-204) each carry distinct legal implications based on factors such as the nature of the crime and the property involved.
In Colorado, first-degree burglary is the most severe burglary offense. It involves knowingly entering someone else’s property with intent to commit a crime, coupled with assault, explosives, or deadly weapon possession. Classified as a Class 3 felony under CRS § 18-4-202, first-degree burglary warrants 4 to 12 years in prison and fines ranging from $3,000 to $750,000.
In contrast, second-degree burglary, defined as unlawfully entering or remaining in a building or residence with intent to commit a crime, varies in severity. Under CRS § 18-4-203, burglary of a dwelling is a Class 3 felony, carrying 4 to 12 years in prison and fines of $3,000 to $750,000. However, in most other cases, it constitutes a Class 4 felony, punishable by two to six years in prison and fines ranging from $2,000 to $500,000. The degree of severity depends on the specific circumstances of the offense.
Examples of Burglary Situations
Burglary charges encompass residential, commercial, and vehicular scenarios.
- Residential burglary involves unlawfully entering a dwelling to commit theft or vandalism, often when occupants are absent. Burglars gain entry by forcing doors or windows, picking locks, stealing valuables, or causing damage.
- Commercial burglary entails entering a business to commit theft or vandalism, typically during non-operating hours, resulting in financial losses and security concerns.
- Vehicular burglary, or car burglary, involves unlawfully entering a vehicle to steal belongings, often by breaking windows or manipulating door locks. Thieves target parked cars to steal valuables like electronics or wallets. It occurs in various settings and is a serious offense punishable by law.
Common Defenses Against Breckenridge Burglary Charges
An effective criminal defense strategy relies on thorough preparation, strategic planning, and presentation of compelling evidence. It aims to cast doubt on the prosecution’s case, protect the defendant’s rights, and provide a strong legal argument to achieve the best possible outcome in court. Some common defense strategies to burglary charges include the following:
- Lack of Intent: This strategy involves arguing that the accused lacked the mental state to commit the crime, supported by evidence of accidental presence or absence of criminal purpose.
- Mistaken Identity: This strategy involves showing that the accused is not the perpetrator by presenting alibis or contradictory evidence.
- Constitutional Violation: If authorities infringed on the defendant’s due process rights during investigation or arrest with illegal evidence, such evidence can be suppressed at trial.
- Alibi: An alibi defense proves the defendant’s absence from the crime scene through witness testimony or documentation, casting doubt on their involvement. Thorough investigation and evidence presentation are crucial for establishing innocence or raising reasonable doubt about guilt.
Whitaker & Penix, LLC, Helps Breckenridge Residents
Burglary cases can be challenging because they often involve complex issues of law and fact, as well as high stakes that threaten the liberty of the accused. An attorney is crucial to tackling these issues effectively — they can ensure fair treatment and present strong defense strategies. Contact the Breckenridge theft defense attorneys at Whitaker & Penix, LLC, at (970) 368-0602 for professional legal representation in burglary cases.