Defending Your Rights, Protecting Your Freedom
Robbery and Burglary
A lot of people view burglary and robbery as the same crime. They are viewed as taking property or money from somebody
But when it comes to the law, these terms have distinct definitions. They describe two different types of actions, and it’s important to understand the legal penalties and criminal implications of these crimes.
Think of it this way: buildings are burglarized and people are robbed. While both robbery and burglary involve taking someone’s property without their consent, the key difference between these two crimes lies in the use of violence and fear in robbery, and the focus on property crimes in burglary. Robbery requires the use of force or threat of force to take property directly from another person, making it a crime against a person rather than just property. Because robbery always involves violence or the threat of violence, the legal penalties are usually harsher for robbery than burglary. Although, both crimes can result in serious jail time.
ROBBERY
Simple Robbery is when someone “knowingly takes anything of value from the person or presence of another by the use of force, threats, or intimidation.” (Note that if the property was yours, or you were taking it to return it to the rightful owner, you are not guilty of robbery.)
Robbery rises to Aggravated Robbery in Colorado if, at any time during the robbery (or while fleeing from it):
- You or an accomplice is armed with a deadly weapon with intent, if resisted, to kill or wound;
- You or an accomplice knowingly wounds or strikes another person with a deadly weapon or, by the use of force, threats, or intimidation with a deadly weapon, knowingly puts someone in reasonable fear of death or bodily injury; or
- You represent that you are armed with a deadly weapon, or you possess any article that could lead someone to reasonably believe it to be a deadly weapon.
- Penalties
Simple Robbery is a class 4 felony, carrying:
- 2 to 6 years in prison (with 3 years mandatory parole) and/or
- $2,000 to $500,000.
However, if the victim was at least 70 years old or was disabled, the prison term is 4- 12 years.
Aggravated Robbery
Aggravated robbery is a class 3 felony as well as an extraordinary risk crime in Colorado. Possible sentence:
- 4 to 16 years in prison (with 5 years mandatory parole) and
- $3,000 to $750,000.
The prison term becomes 10 to 32 years if during the robbery (or while fleeing from it):
- You used or threatened the use of a deadly weapon, or
- Anyone was seriously injured.
BURGLARY
Burglary is defined as knowingly entering (or unlawfully remaining on) someone else’s property intending to commit a crime other than trespass. Burglary can be charged as a felony or a misdemeanor, depending on the facts of the case.
Burglary is divided into:
- First, Second and Third Burglary
The degree of burglary that gets charged depends on the type of property and the level of danger to anyone inside.
Examples of burglary include, but not limited to:
- Breaking into a house to kill or hurt someone inside;
- Hiding in a store until after it closes so that you can vandalize it.
If you are on property legally OR do not form the intent to commit a crime until AFTER YOU ARE ON THE PROPERTY, you have not committed the crime of burglary.
Burglary can be a felony or a misdemeanor in Colorado. Penalties for burglary can range from just fines to 48 years in prison and/or a $1,000,000 fine, depending on:
- the degree of burglary,
- the crime you commit or intended to commit, and
- whether you threatened or menaced anyone, or used or threatened the use of, a deadly weapon.
Restitution is an important issue in property crimes. Restitution is the payment for the items that were allegedly damaged, lost, or stolen in the event. Restitution may be very clear in some cases but can also become a very complex calculation in others.
Beck Law attorneys have extensive experience with restitution laws in Colorado and have been successful in defending against excessive requests for restitution.