is second degree burglary felony or mistamenier

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is second degree burglary felony or mistamenier

Asked on July 2, 2009 under Criminal Law, Colorado

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Second Degree Burglary is when you unlawfully enter a building with the intent to commit any crime while you are there.  You can also be charged with Second Degree Burglary if you enter a building lawfully, but then remain there when you are not legally allowed to (and have the intent to commit a crime).  With Second Degree Burglary, the crime that is "intended" upon entry might be thef,  but may also be assault or some other crime against a person (rather than property). Your attorney will evaluate whether or not the DA can prove that you had the intent to commit a criminal act within the building, as a possible defense to your case.  In Colorado, Second Degree Burglary is a Class Four Felony if the building is a business or other industrial or commercial property.  If you commit burglary of a dwelling, it is a Class Three Felony, and subjects you to substantially harsher penalties.  Second Degree Burglary also jumps to a Class Three Felony if you intended to steal a controlled substance. 

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Second Degree Burglary is when you unlawfully enter a building with the intent to commit any crime while you are there.  You can also be charged with Second Degree Burglary if you enter a building lawfully, but then remain there when you are not legally allowed to (and have the intent to commit a crime).  With Second Degree Burglary, the crime that is "intended" upon entry might be thef,  but may also be assault or some other crime against a person (rather than property). Your attorney will evaluate whether or not the DA can prove that you had the intent to commit a criminal act within the building, as a possible defense to your case.  In Colorado, Second Degree Burglary is a Class Four Felony if the building is a business or other industrial or commercial property.  If you commit burglary of a dwelling, it is a Class Three Felony, and subjects you to substantially harsher penalties.  Second Degree Burglary also jumps to a Class Three Felony if you intended to steal a controlled substance. 


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