When you’re charged with burglary in Boulder County, prosecutors don’t just see a property crime – they see a violent offense that deserves serious prison time. One mistake, one misunderstanding, or one false accusation can mean years behind bars.
Don’t let these charges destroy your future. Contact our Boulder burglary defense lawyer at Dawson Law Office now before prosecutors build an insurmountable case against you.
Colorado Burglary Charges
Burglary isn’t just breaking and entering. Under Colorado law, there are three levels of burglary charges, each carrying severe consequences:
First Degree Burglary (C.R.S. § 18-4-202)
When prosecutors claim you:
- Entered a building or occupied structure
- With intent to commit any crime
- While armed with explosives or weapons OR
- Assault or menace any person
- Or have confederates present who are armed
You’re could be facing:
- Class 3 felony
- 4-12 years in prison
- Up to $750,000 in fines
- Violent crime sentence enhancers
- Strike offense consequences
Second Degree Burglary (C.R.S. § 18-4-203)
Breaking into:
- Buildings or occupied structures
- With intent to commit any crime
Penalties:
- Class 4 felony (2-6 years)
- Class 3 felony if drugs involved
- Major financial consequences
- Mandatory parole periods
Third Degree Burglary (C.R.S. § 18-4-204)
Breaking into:
- Locks
- Vaults
- Safes
- Coin boxes
- Other locked apparatus
Results in:
- Class 5 felony
- 1-3 years prison
- Substantial fines
- Felony record
What Prosecutors Must Prove
For any burglary conviction, the DA must prove beyond a reasonable doubt:
- You entered or remained unlawfully
- In a building or occupied structure
- With intent to commit a crime inside
Miss any element, they can’t convict you. That’s where we focus our defense.
How We Defend Burglary Cases in Boulder, CO
Every burglary case presents multiple defense opportunities:
Challenge the Entry
- Was there actually unauthorized entry?
- Did you have permission to be there?
- Were you invited in originally?
- Can they prove you were the one who entered?
Attack the Intent
- What evidence shows intent to commit a crime?
- Could there be innocent explanations?
- Was intoxication involved?
- Did you believe you had a right to be there?
Question the Evidence
- Fingerprint reliability
- DNA contamination
- Surveillance video quality
- Witness credibility
- Police procedures
Common Burglary Defense Strategies
Mistaken Identity
The prosecution’s “eyewitness” often isn’t as reliable as they claim. We regularly see cases where witnesses caught only a glimpse of someone in poor lighting, at night, or from a distance.
Cross-racial identifications are particularly unreliable – studies show people have difficulty accurately identifying those of different races. Police lineups can be suggestive, with your photo standing out or officers unconsciously hinting at their suspect. We attack these identification issues aggressively, often getting cases dismissed when we can show witness identifications aren’t trustworthy.
Lack of Criminal Intent
Burglary requires proof you intended to commit a crime when entering. But intent isn’t always clear. Maybe you were intoxicated and went to the wrong house. Perhaps you believed you had a right to enter based on past permission.
You might have been retrieving property you thought was yours. Without clear proof of criminal intent at the time of entry, they can’t convict you of burglary – at most, it might be trespassing.
Constitutional Violations
Police often cut corners in burglary investigations. They might search without proper warrants, pressure you into making statements without Miranda warnings, or deny your right to counsel during questioning.
They might conduct suggestive show-ups where they present only you to witnesses rather than a proper lineup. When we catch these violations, we can often get crucial evidence thrown out, seriously weakening their case.
Alternative Explanations
Many burglary cases aren’t as clear-cut as prosecutors claim. You might have had permission to be there from someone other than the complaining witness. Previous access rights or business relationships could explain your presence.
Property disputes between roommates, business partners, or former couples often lead to burglary accusations when one party believes they have a right to enter. These alternative explanations can transform what looks like burglary into a civil dispute.
Each of these defense strategies requires careful investigation and skilled presentation. The key is identifying which approaches work best for your specific case and building the strongest possible evidence to support them.
Burglary vs. Other Property Crimes
Understanding the differences is crucial:
Theft
- Taking property without permission
- No entry required
- Often eligible for misdemeanor pleas
Criminal Trespass
- Unlawful entry only
- No intent to commit crime needed
- Usually lesser penalties
Robbery
- Taking property by force
- Direct victim contact
- Classified as a violent crime
Sometimes, burglary cases can be reduced to lesser charges like criminal trespass or theft when we can challenge elements like intent or authorization. The difference can mean years in prison versus probation or a felony versus a misdemeanor. That’s why we examine every aspect of your case to identify opportunities to fight for reduced charges that better fit what actually happened.
Why Choose Dawson Law Office for Burglary Defense
We bring real burglary defense experience:
- Deep knowledge of intent requirements
- Understanding of search and seizure law
- Experience challenging identifications
- Track record in property crime cases
We know how these cases work:
- What motivates prosecutors
- How police build cases
- When to challenge evidence
- How to fight in court
- When to negotiate
Don’t face burglary charges alone. Contact Dawson Law Office now for a case evaluation. We’ll analyze your situation, explain your options, and show you how we can fight to protect your future.
Remember: The prosecution is already building their case. The time to act is now.
Call us today. Your freedom can’t wait.
