Legal Question in Criminal Law in Colorado

2nd Degree Burglary (First Time Offender)

A friend and I recently were arrested. We were stopped two blocks from the property in question (an abandoned factory), because my rear tail light was supposedly not working (the officers did not see us enter or leave the building.) Although I made a statement admitting to trespassing (our only intention was to explore), we were both charged with 2nd degree burglary (class 4). Both of us are 30 years old, but have never been in trouble with the law (aside from a few minor traffic tickets.) We both understand that we made a mistake as far as trespassing, but I'm beginning to worry that we'll be given prison sentences (I spent a week in jail before being bonded out, and I don't know that I could mentally handle a longer stay.) What is the likelihood that we will have to serve time?


Asked on 10/10/07, 6:08 am

2 Answers from Attorneys
Marc Milavitz The Alternative Law Office of Marc Milavitz

Re: 2nd Degree Burglary (First Time Offender)

Very unlikely, but the ultimate sentence is the judge's call. Good luck and please let me know if I can be of further assistance.

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Answered on 10/10/07, 2:00 pm
Philip Rosmarin Rosmarin Law Firm

Re: 2nd Degree Burglary (First Time Offender)

I'd say it's perishingly small, but if you don't get an offer from the DA that doesn't involve no jail time (like what it sounds you did, trespassing), plead not guilty and get a lawyer.

Burglary requires an intent, after you've broken in, to commit a property or personal crime. If you took nothing, and truly only explored, that charge should not hold up.

Good luck.

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Answered on 10/10/07, 6:45 pm


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