Breckenridge CO Burglary Attorneys

Are You in Need of a Breckenridge Burglary Lawyer?

A burglary charge in Colorado is a serious criminal accusation that can lead to steep penalties, including prison time and a permanent mark on your record. Whether you are a local resident or a tourist caught up in an unexpected situation while visiting Breckenridge, your future could be significantly impacted by how your case is handled.

At Whitaker & Penix, LLC, we understand the gravity of these charges and the stress and you may be feeling. Our attorneys are deeply familiar with local laws, courts, and prosecutors in Summit County and throughout Colorado’s 6th Judicial District. We know the system, and we are committed to helping our clients navigate it with clarity, compassion, and determination.

Why Choose Us Over Other Burglary Defense Attorneys in Breckenridge?

Choosing a Breckenridge burglary defense attorney is one of the most important decisions you’ll make after being charged. Kylie Whitaker and Ehren Penix offer the experience, local insight, and client-focused representation that sets us apart.

Whitaker & Penix, LLC is not a high-volume law firm. We take a personal approach to every case, ensuring that each client receives the attention and strategy they deserve. From the moment you reach out for your free consultation, we will treat you with respect, listen to your concerns, and begin building a strong plan for your defense.

Here’s why some many people in Summit County have come to trust our criminal defense law firm:

A+ rating from the Better Business Bureau – A reflection of our commitment to trustworthy, reliable representation.
Kylie Whitaker Named as a Rising Star by Super Lawyers – Recognized for her outstanding results and respected by peers across Colorado.
Over a decade of combined experience as prosecutors – Giving our clients insider knowledge of how cases are charged and prosecuted.
Available 24/7 for client calls – Because legal emergencies don’t follow business hours.
Trusted in Breckenridge and surrounding areas for honest legal guidance – We give clients the truth, not just what they want to hear.

Free Consultation

Our experienced Breckenridge burglary defense lawyers are ready to help. Call (970) 368-0602 today.

Reasons to Contact an Experienced Criminal Defense Lawyer Right Away

The earlier you contact a criminal defense attorney, the better your chances of a favorable outcome. Here’s why timing matters:

Evidence fades: Witness memories can change, and surveillance footage can be deleted. A lawyer can help preserve key evidence early on.
Avoiding self-incrimination: Without representation, you may say something to police that could harm your defense.
Negotiation opportunities: Early intervention could open the door to reduced charges or diversion programs.
Immediate protection of your rights: Your lawyer will ensure law enforcement respects your rights from the start.
Honest advice: We tell you the truth about your situation, even when it’s difficult.
Aggressive defense: We don’t back down. When your freedom is on the line, we go all in.

What Is Burglary?

Under Colorado law, burglary involves unlawfully entering or remaining in a building or occupied structure with the intent to commit a crime inside, such as theft or assault. It’s not necessary for the crime to be completed, just having the intent is enough for prosecutors to file charges.

Burglary is often confused with robbery or trespassing, but it is legally distinct. Robbery involves using force or threats to take something from someone, while burglary focuses on unlawful entry with criminal intent.

Penalties for Burglary in Colorado

Colorado law recognizes different degrees of burglary, each with its own penalties. Factors like the type of structure, whether a weapon was involved, and if anyone was present during the offense can all affect sentencing.

Third-Degree Burglary (C.R.S. 18-4-204)

Typically charged when someone breaks into a vault, safe, or coin-operated machine.
Class 5 felony
Penalties: 1 to 3 years in prison and fines up to $100,000

Second-Degree Burglary (C.R.S. 18-4-203)

Involves unlawful entry into a building with intent to commit a crime.
Class 4 felony, or Class 3 felony if the building was a home or involved controlled substances.
Penalties: 2 to 6 years in prison (or 4 to 12 for Class 3) and fines up to $750,000

First-Degree Burglary (C.R.S. 18-4-202)

Most serious. Involves a weapon, assault, or threat of harm during the act.
Class 3 felony
Penalties: 4 to 12 years in prison and fines up to $750,000

Life Consequences for a Burglary Conviction

A burglary conviction in Colorado doesn’t just mean facing time behind bars; it can follow you long after your sentence ends. In addition to prison or jail time, the lasting consequences may include:

A permanent criminal record – A felony burglary conviction becomes part of your public record, making it difficult to move forward in your personal or professional life.
Probation or parole requirements – Even if you avoid prison, you may face strict supervision, including check-ins, curfews, drug testing, and travel restrictions.
Loss of job opportunities – Many employers are hesitant to hire individuals with burglary convictions, especially for jobs involving trust, property access, or financial responsibility.
Immigration consequences for non-citizens – A conviction could lead to visa issues, denial of naturalization, or even deportation.

Types of Burglary in Colorado

Burglary can occur in different settings, each with its own legal considerations. At Whitaker & Penix, LLC, we handle all types of burglary charges, including:

Residential Burglary

Even if it’s unoccupied, breaking into a home or dwelling can lead to enhanced penalties. Courts take these cases seriously because of the perceived threat to safety.

Commercial Burglary

Unlawful entry into a store, office, or other business property often involves surveillance footage or alarms. These cases require detailed analysis of timelines and access points.

Vehicular Burglary

Entering a locked vehicle with intent to steal or commit another crime is often charged as a form of burglary. This includes breaking into parked cars, RVs, or commercial vehicles.

Each scenario comes with its own legal nuances. Having a lawyer who understands the local enforcement practices in Breckenridge is essential for building a proper defense.

Effective Legal Defenses Strategies

A strong burglary defense is tailored to the facts of your case. At Whitaker & Penix, LLC, we explore all available legal strategies, including:

Lack of Intent

Burglary requires intent to commit a crime once inside. If you entered a property without such intent, perhaps by mistake or with another purpose, like retrieving personal belongings, this could be a viable defense. The prosecution must prove what was in your mind at the time, which can be difficult without direct evidence.

Mistaken Identity

Eyewitness testimony is notoriously unreliable, especially in stressful situations or poorly lit environments. Surveillance footage may be grainy, at a distance, or fail to clearly identify a person. If law enforcement identified the wrong individual, we can present evidence to challenge the arrest and cast reasonable doubt.

Alibi

If you were somewhere else at the time of the alleged burglary, providing proof—such as receipts, GPS data, phone records, or credible witnesses—can completely discredit the prosecution’s case. A well-supported alibi is one of the most direct ways to avoid conviction.

Lawful Presence / Consent

If you had permission to be on the premises, it negates the unlawful entry element of burglary. This defense is often relevant in disputes involving friends, roommates, former tenants, or property owners. Establishing consent—even if later revoked—can undermine the foundation of a burglary charge.

Challenging Elements

Burglary charges require both unlawful entry and criminal intent. If the prosecution can’t clearly prove either, we’ll push for dismissal or acquittal. For example, if there’s no evidence that a crime was intended after entry, a burglary charge may not hold up in court.

Discrediting Witnesses

Our attorneys are skilled at cross-examination and know how to identify inconsistencies or motivations that may cast doubt on prosecution witnesses. Factors like bias, poor lighting, intoxication, or conflicting statements can all impact credibility.

Plea Bargaining

In some cases, we may negotiate with the prosecution for lesser charges, such as misdemeanor theft or trespassing, especially when evidence is weak or the client has no prior criminal record. This can help avoid felony consequences while still resolving the case.

Your Defense Starts With One Call

If you’re under investigation or have been charged with burglary in Breckenridge or Summit County, don’t wait. Call Whitaker & Penix, LLC, at (970) 368-0602 for a free consultation.

How a Colorado Burglary Defense Lawyer Can Help

Burglary cases are complex and fact-specific. An experienced Breckenridge criminal defense attorney can assist in several key areas:

Reviewing evidence: This includes surveillance footage, witness statements, and forensic reports.
Investigating the scene: We’ll look for flaws in how evidence was collected or if your rights were violated.
Developing a strong defense: This may involve challenging intent, proving you had lawful access, or discrediting witness claims.
Negotiating with prosecutors: In some cases, it may be possible to negotiate a reduction in charges.
Preparing for trial: We never assume a plea is the best path. If your case goes to trial, we’ll be ready to aggressively defend you in court.

What Clients Are Saying About Us

Kylie was fantastic - Dakota Cheek (5-Star Google Review)

Kylie was fantastic and took care of everything for me while I was away for work. She explained things easily, walked me through my options every step of the way, and she was easy to communicate with.

Got the best result possible -Juli C (5-Star Google Review)

Ehren was knowledgeable and efficient handling my case. I believe he truly did his best, and got the best result possible.

Speak With an Experienced Summit County Burglary Defense Attorney

With years of combined prosecutorial and private defense experience right here in Summit County, our team offers rare insight into how burglary cases are pursued and prosecuted in Breckenridge courts.

Call Whitaker & Penix, LLC today at (970) 368-0602 to schedule your free consultation.

Burglary charges don’t have to define your future. Let us help you protect it.

Frequently Asked Questions

Is burglary a felony in Colorado?

Yes. Most burglary charges in Colorado are felonies and carry serious penalties, including prison time and large fines. The severity depends on the type and circumstances of the offense.

Can I be charged with burglary even if I didn’t steal anything?

Yes. Burglary is about unlawful entry with the intent to commit a crime, whether or not the crime (like theft or assault) was actually committed.

What’s the difference between burglary and trespassing?

Trespassing is unlawfully entering or remaining on property without permission. Burglary includes that plus the intent to commit a crime once inside.

What if I had permission to be on the property?

If you had consent to enter or remain on the premises, you may have a valid legal defense. Proving lawful presence can lead to a dismissal or reduced charge.

What should I do if I’ve been accused of burglary in Breckenridge?

Remain silent and request a Summit County criminal defense lawyer immediately. Do not speak to law enforcement without legal counsel. Call Whitaker & Penix, LLC at (970) 368-0602 for a free consultation.

Can Whitaker & Penix help if I’m from out of state and charged while visiting Breckenridge?

Yes. Many of our clients are tourists. We’re experienced in handling burglary charges for out-of-state visitors and can often appear on your behalf when possible.

Will I go to jail if I’m convicted of burglary in Summit County?

Jail or prison time is possible, especially for felony burglary. However, outcomes vary based on the degree of the charge, your record, and your attorney’s ability to negotiate or defend at trial.

What are the penalties for burglary in Colorado?

Penalties range from 1–12 years in prison and thousands in fines depending on the degree. First-degree burglary carries the harshest consequences.

Meet Our Breckenridge Criminal Burglary Defense Attorneys

Kylie Whitaker

Attorney Kylie Whitaker is a driven and highly effective advocate for clients facing criminal charges or navigating complex family law matters in Breckenridge and surrounding communities. With a strong foundation as a former prosecutor and a passion for standing up for her clients, Kylie brings both legal knowledge and real courtroom experience to every case.

Kylie earned her law degree from Creighton University School of Law after completing her undergraduate studies at Wichita State University and the University of Kansas. She went on to serve as a prosecutor for seven years, where she built a reputation for thorough preparation and success in trial. Today, she uses that same strategic mindset and local insight to protect the rights and interests of her clients.

From DUI and assault charges to domestic violence accusations or contentious divorce proceedings, Kylie is known for being calm under pressure, honest with her clients, and relentless in court. She stays closely involved in every case she takes on, giving clients the answers and guidance they need—often well outside regular business hours.

Ehren Penix

Attorney Ehren Penix is known for his dedication, strategic thinking, and proven success both inside and outside the courtroom. As a former state prosecutor with a flawless record in jury trials and appeals, Ehren brings exceptional skill and insight to his criminal defense and family law practice in Breckenridge and throughout Colorado’s 6th Judicial District.

Ehren began his legal career as a prosecutor in Kansas, where he quickly earned a reputation for his trial readiness and legal precision. Since moving to the mountains and entering private practice, he has continued to achieve strong outcomes for clients facing charges such as DUI, assault, and domestic violence, as well as those dealing with family-related legal issues.

Clients appreciate Ehren’s honest guidance, attention to detail, and responsiveness. He is known for delivering high-level legal representation with personal care and always keeping clients informed and involved every step of the way.