Theft, Robbery, and Burglary

Denver Lawyer for Theft, Robbery, & Burglary

Cases involving property crimes such as theft, robbery, and burglary are often very fact intensive. If you have been charged with one of these crimes, you need an experienced, aggressive criminal defense lawyer to protect your rights and defend you against these charges.

I have over 20 years of experience in defending clients in state and federal criminal courts throughout Colorado, and know how to use the facts in your favor. Before making any statement that could hurt your case, contact my Denver office to talk about your matter.

Theft Covers a Range of Criminal Offenses

Theft in Colorado is a category that includes many types of theft including robbery and burglary. The terms larceny and theft were used interchangeably in the past, but Colorado law just uses the term theft and has dropped use of the term larceny. Theft is covered under Colorado Revised Statutes 18-4-401.

Theft is permanently depriving an owner of personal property by a variety of means such as burglary, robbery, threat, or deception. Theft can also be when the accused receives, loans money, or disposes of anything of value or belonging to another if the accused believes the items are stolen.

Theft can be shoplifting, credit card theft, identity theft, check fraud, and any other illegal means of taking another person’s property. There are several other legal aspects of theft that involve other actions, including permanently depriving another of the use of an item of value.

Criminal penalties for theft vary considerably and are related to the value of the theft that has taken place as well as the circumstances. For instance, robbery is a form of theft that involves force or threat of force to accomplish the theft (see below section on Robbery).

Penalties for Theft

Criminal penalties for theft in Colorado vary depending on the value of the property involved and the specific facts of the case. Sentencing ranges are set by statute but are ultimately determined by the judge based on the circumstances surrounding the offense and the defendant’s record.

Colorado Law on Employee Theft

This is a subset of general theft law and involves the same definition of theft. Employee theft is when an employee takes company assets or resources for personal gain. This can involve stealing an item, cash, or merchandise that belongs to one’s employer, as well as embezzlement of company funds, and fraud, which involves deceit to gain money or goods.

Penalties for employee theft, as with regular theft, are based on the value of the property stolen. Aggravated theft charges are incurred when multiple thefts occur with a six-month period. The values of the separate thefts can be combined for a more serious penalty.

Robbery Charges

Robbery in Colorado is defined as the taking of anything of value from a person who is present during the act by the use of force, threats, or intimidation. To find a person guilty of robbery requires that all of the above aspects have been proven by the prosecution.

Robbery is a form of theft and is governed by Colorado Revised Statutes 18-4-301 and 18-4-302. This basic form of robbery, sometimes called simple robbery, means the theft was committed without brandishing a weapon or using one in the crime.

Aggravated Robbery & Armed Robbery

Aggravated robbery is a theft when during the course of the robbery, the actor is armed with a deadly weapon or simulated deadly weapon. Armed robbery is a term that falls under the definition of aggravated robbery.

A simple robbery becomes an aggravated robbery in Colorado when these elements apply:

• When the accused is armed with a deadly weapon such as a knife, a gun, or a bat – or any object a victim would reasonably assume is a deadly weapon – or when the accused says he or she has a deadly weapon.
• When the accused intentionally strikes or wounds the victim or puts that person in reasonable fear of injury or death from the accused.

Colorado law includes another form of aggravated robbery called aggravated robbery of controlled substances. This occurs when an accused person uses force or threatens to use force in the course of stealing controlled substances from a drug store or any place where such substances are legally kept.

Aggressive Prosecution of Robbery and Aggravated Robbery

These charges are very serious and carry a lengthy prison sentence if convicted. This is particularly so of aggravated robbery. The reason is that these acts of theft include aggressive acts of violation, at the very least, that cause trauma and stress for the victim.

When a weapon is involved or injury occurs, the damage to the person robbed is greater. Colorado prosecutors of those accused of robbery and aggravated robbery often seek incarceration for these felony charges. An accused found guilty of aggravated robbery will receive mandatory a prison sentence of at least 4 years.

Aggressive prosecution requires an even more aggressive and informed defense. These are priority cases for me and I see quite a few of them in my practice. This experience is a valuable asset for one charged with a robbery crime.

Burglary

Generally, burglary is the knowingly unlawful breaking and entering into a residence, office, or other building – or remaining inside unlawfully after a lawful entry – with the intent to commit another crime, such as theft. This crime may be enhanced by the presence of a deadly weapon or any act of violence.

Intent is an important element in a burglary charge, requiring that the accused intended to commit the crime before entering or before staying unlawfully. Even if the accused does not steal something, it is a burglary if that person had the intent to do so.

Burglary charges fall under three categories related to the type of property and danger to others inside it.

Third degree burglary

This charge involves not breaking into a building but into a safe, vault, cash register, money dispenser, safety deposit box, coin box, or other such equipment. Third degree burglary is a Class 2 misdemeanor but it is a Class 1 misdemeanor if the intended theft is of a controlled substance.

Second Degree Burglary, Including House Burglary

This involves breaking into or remaining unlawfully in a building or occupied structure. This charge is further broken down into a Class 3 felony if the building is a dwelling (house burglary), Class 4 felony if it was a commercial building, and a Class 5 felony if it was any other kind of building.

First degree burglary

This charge involves the accused assaulting or threatening a person, possessing a deadly weapon, using a deadly weapon, or having explosives. This crime is a Class 3 felony.

These burglary charges are very fact intensive and require an experienced criminal defense attorney to protect your rights.

Defenses Against Theft, Robbery, and Burglary

Charges of theft, robbery, and burglary generally require the same type of legal defense tactics. These include:

• Mistaken identity.
• Lack of intent.
• Improper search and seizure.
• Existing alibi.
• False accusation.
• Duress.
• Entrapment.
• Others.

A skilled and experienced theft, robbery, and burglary lawyer will be able to assess the details of your case and determine the most effective defense strategy. This involves not only a thorough understanding of Colorado criminal law in this area but a skilled examination of the evidence and facts of the individual case.

Without a strong defense you are at risk of being unfairly convicted or sentenced. It is the prosecutor’s job to convict you – it is my job to see your Constitutional rights are protected.

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