Arrested for Burglary?

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Burglary Attorneys in Colorado Springs

Experienced Burglary Attorneys in Colorado Springs

If you have just been arrested for burglary, there are many strong arguments that can be made in these types of cases.

Burglary is a serious allegation and if you do not want to go to jail or payout hefty fines, hire an experienced Colorado Springs burglary attorney who knows the prosecutors and judges in your area.

Colorado has a complex system of laws concerning burglaries. Charges can range from felonies with mandatory prison time to misdemeanors with large fines.

Unless you are willing to accept the maximum penalties, it is imperative that you speak with our team of seasoned burglary attorneys in Colorado Springs about your options immediately.  A burglary conviction will haunt you forever affecting employment prospects as well as other opportunities down the line.

Your fight for freedom starts now!


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Three seasoned criminal attorneys with winning track records.


Former Colorado Springs prosecutors that know the system.


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Amy Amsden
{Mr. Newby was professional and courteous. He answered all of my questions in a timely manner and was quick to return emails and phone calls. Highly recommend!
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Paul Waldon
{James Newby is simply the best lawyer in town. He answered all calls and was very helpful in every way. Thanks for being a good person and lawyer.
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Matthew Richardson
{Professional, responsive and very good quality service. The outcome of the case could not have been better.
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Jacob Gonsalves
{Great team to work with at James Newby Law, very efficient and to the point when handling your court proceedings. Optimal outcome for traffic tickets!
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Paul Smith
{Mr. Newby was incredibly helpful to me and my family! Thank you so much, Mr. Newby, for guiding us through the legal maze and getting us through a very stressful experience. I highly recommend James Newby Law!
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Jorge Jimenez
{James has been great since the first phone call. He explained throughout the process everything clearly, was there if I had any questions, and he helped me get through legal issues. I highly recommend if you are in search of an excellent and reputable lawyer!
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Olivia Bader
{After a long eight-month legal process my case ended in dismissal, which is all thanks to Spencer Slater. I am forever indebted to Spencer for his hard work and dedication toward my case. I can now move on to the next chapter of my life. Thank you for all your help!
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Robert Inks
{James was very communicative and realistic with expectations while handling my case. He was helpful with billing and helping me understand my options throughout the entire legal process. Everything went so well from start to finish. Could not have asked for a better result.
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DeAnn Finnie
{I had James and he help me in a time of need and fought his best when a public defender would not and my case was over with a few months after he joined.
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{I have used James more than once and he is the best! He has always explained everything to me so that there are no surprises and is quick to respond to me if I have a question or need something. I tell anyone who asks me about James and his amazing service to me.


Burglary Carries Severe Penalties

Burglary is defined in the Colorado Revised Statutes 18-4-201 through 18-4-205. It is categorized as having three different levels – first-degree burglary, second-degree burglary, and third-degree burglary.

Additionally, it is illegal to possess tools that can be used in the commission of burglary with the intent to use those tools to commit a burglary.

The degree of burglary a person is charged with will depend on the particular facts of each case. If charged in El Paso County, your attorney can review the facts to help determine if the case has been charged appropriately and whether there are possible defenses to the charges.

First-Degree Burglary

A person who commits first-degree burglary is a person who knowingly enters unlawfully or remains unlawfully in a building or occupied structure with the intent to commit a crime against the property or a person. Additionally, while either entering or inside or leaving, the person or someone with that person, assaults and menaces or possesses and threatens the use of a deadly weapon.

Basically, there are two parts to committing first-degree burglary. First, one must unlawfully enter or remain in a building. They are not allowed to be inside while intending to commit a crime. Trespassing does not count as a crime. For example, a person must enter with the intent to commit theft or harm someone inside the building. Second, while entering, inside, or leaving, the person must commit menacing, assault, or have a deadly weapon and threaten to use or use it.

If a person commits first-degree burglary, it is a class three felony. If the person uses or possesses and threatens the use of a deadly weapon during the commission of the crime, it may also be classified as a Crime of Violence, which carries with it an enhanced sentence and mandatory prison.

Second-Degree Burglary

A person commits second-degree burglary if the person enters or remains unlawfully into a building with the intent to commit a crime against a person or property.

Second-degree burglary is different than first-degree burglary because it does not require that a person commit menacing, assault, or the use or threatened use of a deadly weapon.

Often this is charged when a person breaks into another person’s home or business to commit theft. It is also used in domestic violence cases, where one party is angry and goes into another’s home and some form of harassment occurs.

Second-degree burglary is a class four felony unless the building entered into is a “dwelling,” or in other words, someone’s home or controlled substances as defined in 18-18-102(5) is the target of the theft, in which case the crime is a class three felony.

Third-Degree Burglary

A person commits third-degree burglary if that person enters or breaks into a vault, safe, cash register, coin vending machine, a product dispenser, money depository, safety deposit box, coin telephone, coin box, or other apparatus with the intent to commit a crime, usually the crime of theft.

Third-degree burglary is a class five felony unless theft of a controlled substance is the object as defined in 18-18-102(5).

Possession of Burglary Tools

A person commits Possession of Burglary Tools if that person possesses any tool that can be adapted, designed, or commonly used for committing or facilitating a burglary. Those tools must be possessed with the intent to use them to commit a burglary. For example, it is not illegal to possess a screwdriver.

However, if a person is dressed in all-black clothes, sneaking through a neighborhood late at night with a flashlight and a canvass bag filled with tools, it circumstantially indicates those tools are for purposes of a burglary. Possession of Burglary Tools is a class five felony.

Burglary Charges Require a Criminal Defense Lawyer

All of the Burglary laws have terms that have legal definitions, such as, “dwelling”, “possession”, “enters unlawfully”, “occupied structure.” These terms or words do not mean the same thing as when they are used in everyday language.

Burglary carries with it severe penalties in Colorado Springs. Do not put yourself at the mercy of the prosecutor. Contact us immediately for a free case evaluation with a burglary attorney in Colorado Springs.

Frequently Asked Questions

What kind of lawyer defends burglary charges?

If you are arrested and charged with burglary, then you need to work with a criminal defense lawyer that has experience with the Colorado Springs criminal court system. 

How much does a burglary attorney cost?

Every burglary case is different. While it is difficult to say how much a criminal lawyer will cost in your particular case, our focus on your protecting your freedom extends to providing exceptional criminal defense representation at a reasonable price.

Schedule a free consultation.

Do I really need a lawyer for burglary charges?

Of all the things you can do after being accused of burglary, trying to handle your case on your own may be one of the worst. Without an experienced lawyer in Colorado Springs protecting and guiding you through the next steps, you could end up costing yourself the chance to get your charges lowered or dropped completely.


Don’t Let a Burglary Conviction Ruin Your Life

No matter how grim a situation may look, no matter how much it may seem that prosecutors have you dead to rights, there are almost always ways to fight burglary charges.

A burglary attorney in Colorado Springs knows how to challenge your burglary charges including the pursuit of case dismissal and pleading the case in court.

The smartest thing for you is to speak with an expert now so schedule your appointment immediately