Second Degree Burglary Of A Dwelling in Colorado

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Statute for 18 – 4 – 203 – Second Degree Burglary Of A Dwelling

StatuteHere is the charge you are facing:

18-4-203. Second degree burglary

(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.

(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; or

(b) It is a burglary, the objective of which is the theft of a controlled substance, as defined in section 18-18-102 (5), lawfully kept within any building or occupied structure.

Case Law

When you look at the Statute, you may have questions about definitions of certain words or how the Colorado Court will interpret certain phrases.  To answer these questions, Defense Attorney turn to "case law."  That is, lawyers look at previous cases to determine how these words and phrases should be defined and interpreted. The best way to locate caselaw for free is to go to google scholar and search for legal opinions involving your charges from Colorado courts. Remember to talk to your attorney about any issues in your case and how the lawyer believes that the issues should be handled.


Colorado Penalties for Second Degree Burglary Of A Dwelling

Penalties

The charge of Second Degree Burglary Of A Dwelling, is categorized as a:

F3

Click here to find out how much jail time is associated with this penalty.

How to Use This Information

After you have hired a Colorado Defense Attorney, you will need to sit down with him to talk about the strengths and weaknesses of your case.  To begin this process, you should think about what the prosecutor will attempt to show in order to say that you are guilty. This involves analyzing the statute language above as well as the jury instructions (which is the set of instructions that the jury will use to understand the law). This will allow you to get a better idea of how you can attack the prosecutor’s case and build your own case. So to begin, you should understand that the prosecutor will need to prove certain things beyond a reasonable doubt for you to be found guilty.  These things are called “elements”.

The jury will be notified of the elements through a set of instructions called “Jury Instructions.” The Jury Instructions will be crafted by your attorney and the prosecutor. Your Colorado Defense Attorney will mold the jury instructions to your case, adding facts that are specific to the case and omitting unnecessary parts of the instructions.

Please find the model jury instruction for Second Degree Burglary Of A Dwelling below. These will be adapted by your Colorado Attorney for your case.

The elements of the crime of second degree burglary of a dwelling are: 1. That the defendant, 2. in the State of Colorado, at or about the date and place charged, 3. knowingly, 4. [unlawfully broke an entrance into] [entered unlawfully] [remained unlawfully after a lawful or unlawful entry in] 5. a dwelling 6. with intent to commit therein the crime of ________ (insert specific crime(s) against person or property), as defined in instruction ______. 7. [without the affirmative defense in instruction number _____.] After considering all the evidence, if you decide the prosecution has proven each of the elements beyond a reasonable doubt, you should find the defendant guilty of second degree burglary. After considering all the evidence, if you decide the prosecution has failed to prove any one or more of the elements beyond a reasonable doubt, you should find the defendant not guilty of second degree burglary. NOTE ON USE When this instruction is used, the definitions of “dwelling”, ?knowingly?, entered unlawfully? and ?remained unlawfully? must be given. People v. Larkins, 109 P.3d 1003 (Colo. App. 2005) (unlike predecessor statute, specific intent may develop after entry). SOURCE AND AUTHORITY ? 18-4-203, C.R.S. COLJI-Crim. No. 14:03 (1983). CLASSIFICATION OF OFFENSE F3 4-2:05 INTERROGATORY (CONTROLLED SUBSTANCE) SECOND DEGREE BURGLARY If you find the defendant not guilty of second degree burglary, you should disregard this instruction and fill out the verdict form reflecting your not guilty verdict. If, however, you find the defendant guilty of second degree burglary, you should fill out the verdict form reflecting your guilty verdict, and then answer the following question: Was theft of a controlled substance the defendant’s objective? (yes or no) The defendant’s objective was theft of a controlled substance if: 1. in committing the burglary, 2. the defendant 3. intended 4. [without authorization] [by threat] [by deception] 5. to obtain or exercise control over 6. a controlled substance 7. which was the property of another 8. lawfully kept within the building or occupied structure 9. and the defendant intended to permanently deprive the other person of the use or benefit of the controlled substance. 10.[without the affirmative defense in instruction number _____.] It is the prosecution’s burden to prove each of these elements beyond a reasonable doubt. After considering all the evidence, if you decide the prosecution has proven each of these elements beyond a reasonable doubt, you should indicate ?Yes? on the verdict form that has been provided. This finding must be unanimous. After considering all the evidence, if you do not unanimously find the prosecution has proven [this element] [any one or more of these elements] beyond a reasonable doubt, you should indicate ?No? on the verdict form that has been provided. NOTES ON USE This interrogatory should be used only when there is sufficient evidence to support a finding beyond a reasonable doubt that the sentence-enhancing factor was present in this case. When this interrogatory is used, the applicable definition of “controlled substance” must be given.

To begin the process of analyzing your case, think about your case from the perspective of the prosecutor.  Think about the facts that the prosecutor will have to prove to establish each element. Next, sit down with your CO Defense Attorney and talk about some of the legal ways that you can use to counter the prosecutor’s evidence.  Talk to your attorney about whether he thinks any of the prosecutor’s evidence can be kept out of court.  For example, if you were illegally searched, your attorney may be able to keep the things that were found, as a result of that illegal search, out of court.  Additionally, talk to your attorney about whether you have any defenses to Second Degree Burglary Of A Dwelling.

Important Notes:

Don’t Forget about Immigration:

If you are not a U.S. citizen, be sure to ask your attorney whether your charges will trigger deportation if you are found guilty or plea to the charge.

Good Luck!

The information in this post is for informational purposes only and should not be construed as legal advice or as the creation of an attorney-client relationship. For legal advice, please contact an Attorney.

Written by

Nathaniel has worked in criminal law on both sides of the aisle spending time working for the prosecution as well as the defense. Most recently Nathaniel has represented individuals in violent felonies and drug cases. Prior to this work, Nathaniel handled DWIs, Domestic Violence Cases, Property Crimes, and White Collar Crimes. On the prosecutorial side, Nathaniel has most notably worked in Bosnia helping to prosecute individuals who committed war crimes and crimes against humanity in the Bosnian War from 1993-1995. In particular, Nathaniel helped in the prosecution of military leaders who arranged for the organized murders and rapes of innocent civilians in various towns in Bosnia. Nathaniel is a graduate of the University of Texas School of Law, Northwestern University, and Phillips Exeter Academy. Google Profile: Nathaniel Baca