Burglary Defense Lawyer Durango
Burglary charges in Durango, Colorado are serious felony offenses that can result in lengthy prison sentences and permanent criminal records, requiring immediate representation from an experienced burglary defense lawyer.
Understanding Colorado Burglary Laws
Colorado defines burglary as unlawfully entering or remaining in a building or occupied structure with intent to commit a crime inside. Notably, the law does not require that any theft occur or that the intended crime be completed—the criminal intent alone satisfies this element of the offense. Prosecutors must prove both the unlawful entry and the criminal intent beyond a reasonable doubt.
Types of Burglary and Breaking Charges
Burglary charges are classified by degree based on severity. First-degree burglary involves entering occupied dwellings and, while inside or fleeing, assaulting or menacing a person or using or threatening to use a deadly weapon. Second-degree burglary applies to occupied buildings or businesses. Third-degree burglary covers controlled areas like fenced property, restricted buildings, or secured containers such as cash registers or safety deposit boxes.
Possession of burglary tools represents a separate charge for carrying items specifically designed for unlawful entry.
Serious Penalties and Long-Term Consequences
First-degree burglary penalties range from 10 to 32 years in state prison, while second-degree burglary carries 4 to 12 years incarceration but can carry more with certain sentence enhancers. Third-degree burglary is a misdemeanor.
Felony convictions create permanent criminal records affecting employment opportunities, professional licensing, and housing applications throughout Colorado. Federal crime statistics indicate that approximately 76% of burglary defendants receive prison sentences rather than probation when convicted in state courts.
Effective Defense Strategies for Burglary Cases
Lack of intent challenges prosecutorial claims about criminal purpose during building entry. Consent defenses apply when property owners previously granted access permission or when misunderstandings about authorization occurred.
Mistaken identity issues arise frequently in burglary cases, especially when eyewitness identification occurs under poor lighting conditions. Having represented clients in burglary cases for over eleven years, including eight years as a Deputy Public Defender, provides insight into effective defense strategies and prosecutorial weaknesses.
Alibi evidence demonstrates defendants were elsewhere during alleged crimes, while constitutional challenges address illegal searches or surveillance that violate Fourth Amendment protections.
Challenging Evidence and Intent
Physical evidence analysis examines fingerprints, DNA samples, and tool marks for procedural errors or contamination issues. Digital evidence from security cameras requires authentication and chain of custody verification to ensure admissibility in court.
Intent remains the most difficult element for prosecutors to prove beyond reasonable doubt, while Georgetown Law training combined with extensive courtroom experience helps identify weaknesses in intent evidence and develop compelling alternative explanations for defendant presence at alleged crime scenes. Burglary charges threaten your freedom and future - contact NewbergerKing Law LLC immediately for experienced burglary defense that challenges every element of the prosecution's case and protects your constitutional rights.