Have you been charged with the crime § 18-4-203 Second degree burglary? This is a serious charge and demands immediate legal representation and guidance. The Law Offices of Decker & Jones know how to successfully defend a §18-4-203 Second degree burglary charge in the State of Colorado to protect your innocence.
What to do if Charged?
1. Do not contact the accuser
You may be tempted to contact the accuser to try and resolve the issue directly. Do not contact the accuser. All correspondence before and after the incident can and will be used against you. A lawyer should be representing you in all stages to ensure that nothing hurts the defense case.
2. Do not destroy evidence
You may think that destroying any evidence in your possession will help your defense case. However tampering with evidence will almost always backfire against the defendant. Prosecutors have many resources to recover evidence that you think has been completely destroyed. When the evidence is presented in negotiations or at trial, it will make you look more guilty if you tried to destroy it beforehand. Tampering with evidence is also a crime in itself, which can be added on top of the sentence you could receive for Second degree burglary
3. Contact an experienced attorney
When you are charged with Second degree burglary, it is critical to exercise your right to an attorney. Your life is on the line and The Law Offices of Decker & Jones are prepared to defend your case. Contact us immediately at 303-573-5253 – even if you have not been charged yet. You need a defense team working in your corner to combat the prosecution ASAP.
The Basics Of § 18-4-203 Second degree burglary
See below to read the law pertaining to § 18-4-203 Second degree burglary
The Law
Reference the definitions from § 18-4-203 for details on the terminology
Definitions
Decker & Jones will help you understand how the law pertains to your case
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§ 18-4-203
(1) A person commits second degree burglary, if the person knowingly breaks an entrance into, enters unlawfully in, or remains unlawfully after a lawful or unlawful entry in a building or occupied structure with intent to commit therein a crime against another person or property.
<Text of (2) effective until March 1, 2022>
(2) Second degree burglary is a class 4 felony, but it is a class 3 felony if:
(a) It is a burglary of a dwelling;
(b) The objective of the burglary is the theft of a controlled substance, as defined in section 18-18-102(5), lawfully kept within any building or occupied structure; or
(c) The objective of the burglary is the theft of one or more firearms or ammunition.
<Text of (2) effective March 1, 2022>
(2)(a) Except as provided in subsection (2)(b) or (2)(c) of this section, second degree burglary is a class 4 felony.
(b) Second degree burglary is a class 3 felony if:
(I) It is a burglary of a dwelling;
(II) The objective of the burglary is the theft of a controlled substance, as defined in section 18-18-102(5), lawfully kept within any building or occupied structure; or
(III) The objective of the burglary is the theft of one or more firearms or ammunition.
(c) Second degree burglary is a class 2 misdemeanor if the person knowingly violated a written notice by a retailer or an order by a court of lawful jurisdiction specifically restraining a person from entering a particular retail location during hours which the retail store is open to the public.
§ 18-4-201 Definitions
As used in this article, unless the context otherwise requires:
(1) “Premises” means any real estate and all improvements erected thereon.
(2) “Separate building” means each unit of a building consisting of two or more units separately secured or occupied.
(3) A person “enters unlawfully” or “remains unlawfully” in or upon premises when the person is not licensed, invited, or otherwise privileged to do so. A person who, regardless of his or her intent, enters or remains in or upon premises that are at the time open to the public does so with license and privilege unless the person defies a lawful order not to enter or remain, personally communicated to him or her by the owner of the premises or some other authorized person. A license or privilege to enter or remain in a building that is only partly open to the public is not a license or privilege to enter or remain in that part of the building that is not open to the public. Except as is otherwise provided in section 33-6-116(1), C.R.S., a person who enters or remains upon unimproved and apparently unused land that is neither fenced nor otherwise enclosed in a manner designed to exclude intruders does so with license and privilege unless notice against trespass is personally communicated to the person by the owner of the land or some other authorized person or unless notice forbidding entry is given by posting with signs at intervals of not more than four hundred forty yards or, if there is a readily identifiable entrance to the land, by posting with signs at such entrance to the private land or the forbidden part of the land. In the case of a designated access road not otherwise posted, said notice shall be posted at the entrance to private land and shall be substantially as follows:
“ENTERING PRIVATE PROPERTY REMAIN ON ROADS”.
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