Summit County Theft Defense Attorney

Have you been charged with a theft crime and need a Summit County theft defense attorney? You should obtain experienced legal representation as soon as possible as a first step. You face the possibility of jail or prison time, as well as a criminal record that can affect employment and your future. I am J.B. Katz, a criminal defense lawyer with more than 20 years of experience. I am aggressive, knowledgeable in criminal defense law, and determined to obtain the best possible outcome for every client I advocate for and protect.

Understanding The Law – Burglary

It’s important to understand as much about the theft laws and legal process in Colorado as possible.

An experienced criminal defense attorney can certainly help you with this, but it would benefit you to be knowledgeable about it as well, especially when considering legal options. One of the most serious theft charges includes burglary.

Burglary is defined as knowingly entering, or unlawfully remaining on, someone else’s property with the intent to commit a crime other than the trespass. It can be charged as a misdemeanor or a felony, depending on the unique circumstances. There are three main categories that burglary can fall into under Colorado Law that may involve the city or the courtroom.

First-Degree Burglary: First-degree burglary is defined as knowingly entering another’s property with the intent to commit a crime, and committing an assault on someone or possessing a deadly weapon. This is charged as a class 3 felony and carries between 4 and 12 years in prison, and you could be fined up to $750,000 in restitution fees and serve probation.

Defenses: The primary defenses to first-degree burglary include arguing that the accused was lawfully on the property, they didn’t know that they were unlawfully on the property, one of the aggravating factors of the crime (committing an assault or possessing a deadly weapon) was not proven, or law enforcement did something unlawful while investigating/collecting evidence.

Second-Degree Burglary: Second-degree burglary is the act of knowingly breaking an entrance into, enters unlawfully in, or remains unlawfully after a lawful or unlawful entry in a building or occupied structure with the intent to commit a crime therein. Second-degree burglary is also a class 3 felony, often charged in criminal cases.

Defenses: Possible defenses to second-degree burglary are similar to those for first-degree. Your lawyer could argue that you were lawfully on the property, you didn’t know that you were unlawfully on the property, the building was not a dwelling, there was misconduct on the part of law enforcement, or you did not intend to commit a crime when you first entered the premises. In order to be convicted of burglary, the intent to commit a crime must have been formed before entering the premises.

Third-Degree Burglary: You can be convicted of third-degree burglary if you break into a safe, a vault, or other locked container with the intent to commit a crime – typically theft. This is a class 2 misdemeanor that is punishable by up to 120 days in jail and a fine of up to $750 for a first offense.

Defenses: Additional defenses for any category of burglary charge include mistaken identity or being falsely accused when you were not involved. Often, the only way the police are able to arrest someone and charge them with a burglary charge is due to an eyewitness who claims to have seen the crime and identifies the perpetrator. A good Summit County theft defense attorney or team will always attack an eyewitness’s credibility and accuracy and fight for a strong defense under criminal law. If your lawyer raises the defense that you were falsely accused, they will likely point to reasons that someone would accuse you of committing a burglary when it’s not true. Perhaps you were arguing with someone and they are retaliating, or they don’t know who committed the burglary but accuse you simply to hold someone responsible.

An Aggressive Defense Of Your Rights With A Summit County Theft Defense Lawyer

The penalties for a conviction of one of these crimes will vary, depending upon the severity of the offense. Prosecutors may seek stronger punishments if you have committed other crimes in the past including DUI or domestic violence. You need to know what rights are available to you and how to navigate legal matters in your situation. At my firm, I defend people accused of all types of theft crimes, including:

• Petty theft
• Shoplifting
• Auto theft
• Burglary
• Robbery
• Credit card fraud
• Passing bad checks
• Other theft crimes

If you are in jail, my first goal will be to get you released on bond or your own recognizance. Whatever your circumstances, I will collect as much information and case details as I can about the circumstances of your arrest. If the case against you appears to be flawed, I may be able to persuade the prosecutor to drop the charge or file a lesser charge instead. Many people charged with theft are eligible for deferred judgment outcomes, which can enable you to avoid a conviction and a criminal record. If your circumstances permit, I can seek this outcome for you, as well as an expungement at a later time. If necessary, I will also be fully prepared to go to trial to defend you with effective defense strategies for the best outcome.

Free Consultation To Individuals Facing Criminal Charges

For a free initial consultation today about a theft charge or other criminal matter, call my Breckenridge practice exclusively at (970) 453-5533 or send me an email. I represent locals and tourists who have been arrested while in the Colorado mountains.