A conviction for burglary or robbery can carry a substantial mandatory prison term. However, the law office of Anaya & Chadderdon, P.C. has had notable success in helping clients avoid the worst consequences. Before making statements to police or prosecutors, call us at 719-294-0047 to discuss your case in a free consultation with a Colorado Springs robbery and burglary defense attorney. We are accessible 24/7 to represent clients in state and federal courts of El Paso County, Teller County and other Colorado jurisdictions.
Aggressive Defense Representation in Burglary or Robbery Cases
Our Colorado Springs criminal defense lawyers handle the full spectrum of property crimes:
- Aggravated robbery
- Armed robbery
- Bad checks/stolen checks
- Auto theft
- Receiving stolen property
- Identity theft or fraud
If you are dealing with a theft charge, our Colorado Springs theft defense attorneys can help.
What Is Burglary?
Under Colorado law, a burglary occurs when a person knowingly enters or remains on someone else’s property without permission with the intent to commit any other crime besides trespass while they are in the property. The specific acts involved determine the degree of burglary you are charged with and the possible penalties.
Degrees of Burglary
The degree of burglary you are charged with depends on the type of property involved and the potential level of danger to anyone inside the structure, as described below.
Third Degree Burglary
Third degree burglary may be charged when a suspect is believed to have broken into any of the following:
- Other locked container
The underlying crime in these cases is usually theft.
Second Degree Burglary
Second degree burglary may be charged when a person unlawfully enters or remains on the property of a building with the intent to commit a crime while on the property. Some underlying crimes that the suspect may have intended to commit may include:
First Degree Burglary
First degree burglary involves the same legal elements as a second-degree burglary charge. However, there is an additional element that the defendant assaulted or menaced a person during the commission of the crime.
Possible Penalties for Burglary
Burglary can be charged as a misdemeanor or felony in Colorado. The potential penalties range from fines or probation to up to 48 years in prison. The possible penalties depend on a variety of factors, including:
- The degree of burglary
- The type of structure involved
- Whether you intended to steal a controlled substance
- The crime the defendant intended on committing while at the property
- Whether the defendant threatened or menaced anyone during the commission of the crime
What Does a Colorado Robbery Case Involve?
Here is what you should know about robbery charges in Colorado:
Degrees of Robbery
Colorado has three degrees of robbery:
Robbery is defined under Colorado law as knowingly taking anything of value from another person through the use of force, threats, or intimidation. Robbery can also be charged when something is taken in the presence of the victim.
The offense rises to the level of aggravated robbery if, during the commission of the crime, the defendant:
- Has the intent to kill, maim, or wound someone if they are resisted
- Knowingly wounds or strikes another person with a deadly weapon
- Knowingly puts someone in reasonable fear of death or bodily injury while in the possession of a deadly weapon
- Acts like they have a deadly weapon or possesses an item that would reasonably lead someone to believe they have a deadly weapon
Aggravated Robbery of a Controlled Substance
Aggravated robbery of a controlled substance has the same legal elements as aggravated robbery except this offense is committed with the intent to take a controlled substance from a pharmacy, pharmacist, or other place or person in lawful possession of the controlled substance.
Possible Penalties for Robbery
Most simple robbery cases are charged as a class 4 felony, which carries a potential penalty of up to six years in prison and a fine up to $500,000. More serious penalties can be imposed if:
- The victim was at least 70 years old or disabled
- The defendant uses or threatens to use a deadly weapon during the crime
- Someone was seriously injured during the offense or flight
- The offense was committed to steal a controlled substance
If the victim is at least 70 years old or disabled, the potential penalty rises to 4-12 years in prison with a minimum mandatory sentence of four years, along with 5 years of mandatory parole.
If the defendant used or threatened to use deadly force, the potential penalty is 4-16 years in prison with 5 years of mandatory parole and a fine up to $750,000. If someone was seriously injured during the offense, the sentence increases up to 32 years in prison with a mandatory 10-year sentence.
If the defendant’s intent was to steal a controlled substance, the potential sentence is 16-48 years in prison and 5 years’ mandatory parole.
Defense Counsel for Robbery or Burglary in Colorado Springs
Without proper representation, a burglary or robbery charge may carry severe penalties. Our Colorado Springs robbery and burglary defense lawyers are confident we can spare you from the worst. As former prosecutors, both of our attorneys understand how these cases are handled by a district attorney. Prosecutors are usually willing to strike a favorable plea bargain, and we are skilled at negotiating jail in lieu of prison, or even probation. Contact us today for a free initial consultation.