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Robbery and Burglary Charges Can Result in Decades in Prison
The High Stakes of Robbery and Burglary Cases in Colorado
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You Need an Experienced Denver Robbery & Burglary Defense Attorney
Important: Robbery and burglary convictions can result in decades in prison and permanent criminal records that cannot be sealed. Never speak with law enforcement without an attorney present.
Robbery and burglary charges in Colorado carry severe penalties that can destroy your future. Many people view these crimes as similar, but Colorado law treats them very differently. Understanding these distinctions—and having an attorney who knows how to challenge the evidence—can mean the difference between decades in prison and protecting your freedom.
At Beck Law Office, we understand that these charges often arise from complex situations involving desperation, misunderstandings, or being in the wrong place at the wrong time. As a former Deputy District Attorney, Attorney Lori Beck knows exactly how prosecutors build robbery and burglary cases and what evidence they need to secure convictions. This insider knowledge gives us a critical advantage in challenging their case and protecting your rights.
Understanding the Critical Differences Between Robbery and Burglary
The key distinction between robbery and burglary lies in violence and location. Think of it this way: buildings are burglarized and people are robbed. While both crimes involve taking someone’s property without consent, robbery focuses on violence against people, while burglary focuses on unlawful entry into property. Because robbery always involves violence or the threat of violence against a person, the legal penalties are usually harsher than for burglary. However, both crimes can result in serious prison sentences that will devastate your future.
Robbery Charges in Colorado
Aggravated Robbery
Aggravated robbery occurs when additional dangerous elements are present during the commission of simple robbery.
Legal Elements – Aggravated Robbery occurs if, at any time during the robbery or while fleeing:
- 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 uses force, threats, or intimidation with a deadly weapon to put someone in reasonable fear of death or bodily injury
- You represent that you are armed with a deadly weapon, or possess any article that could lead someone to reasonably believe it to be a deadly weapon
Penalties for Aggravated Robbery:
- Class 3 felony and extraordinary risk crime in Colorado
- Standard sentence: 4 to 16 years in prison (with 5 years mandatory parole)
- Fines: $3,000 to $750,000
- Enhanced sentence: 10 to 32 years in prison if during the robbery or while fleeing you used or threatened the use of a deadly weapon, or anyone was seriously injured
Legal Definition and Elements
Resisting arrest is a Class 2 misdemeanor in Colorado.
You can be charged with resisting arrest in addition to whatever underlying crime you were originally
being arrested for, potentially doubling your legal troubles.
You commit resisting arrest by knowingly preventing a law enforcement officer from taking you—or
another person—into custody through:
- Inflicting physical force on police officers or others
- Threatening to inflict physical force on police officers or others
- Otherwise causing a high risk that police or others will be injured
Simple Robbery
Legal Definition: Knowingly taking anything of value from the person or presence of another by the use of force, threats, or intimidation. Important Exception: If the property was actually yours, or you were taking it to return it to the rightful owner, you are not guilty of robbery.
Examples of Simple Robbery:
- Threatening someone to hand over their wallet
- Using physical force to take someone’s purse
- Intimidating a person into giving you their jewelry
Penalties for Simple Robbery:
- Class 4 felony carrying 2 to 6 years in prison (with 3 years mandatory parole)
- Fines: $2,000 to $500,000
- Enhanced penalties: If the victim was at least 70 years old or disabled, the prison term increases to 4-12 years
The Critical Issue of Restitution
Restitution is payment for items that were allegedly damaged, lost, or stolen during the commission of robbery or burglary. While restitution may seem straightforward in some cases, it can become a very complex calculation that significantly impacts your financial future.
Common Restitution Issues:
- Overvaluation of allegedly stolen property
- Claims for items not actually taken or damaged
- Excessive repair costs that exceed actual damages
- Business loss claims that cannot be properly substantiated
Beck Law Office has extensive experience with Colorado restitution laws and has been successful in defending against excessive requests for restitution that can burden you for years after your case concludes.
Common Defenses for Robbery and Burglary Charges
Robbery Defenses
- Lack of Intent: The prosecution must prove you intended to permanently deprive the victim of their property. If you believed the property was yours or you intended to return it, this defeats the robbery charge.
- No Force or Threat: Simple disagreements or arguments that don’t involve actual force, threats, or intimidation do not constitute robbery.
- False Identification: Mistaken identity is common in robbery cases, especially when they occur quickly or in poor lighting conditions.
- Self-Defense: If you were defending yourself or others from an attack, your actions may be legally justified.
Burglary Defenses
- Lawful Presence: If you had permission to be on the property or were lawfully present, burglary charges cannot be sustained.
- Lack of Intent: The prosecution must prove you intended to commit a crime when you entered or remained on the property. Intent formed after lawful entry is not burglary.
- Mistake of Fact: If you reasonably believed you had permission to be on the property, this can defeat burglary charges.
- Insufficient Evidence: The prosecution must prove every element beyond a reasonable doubt, including unlawful entry and criminal intent.
The Stakes Are Too High to Handle Alone
- Decades in prison: With lengthy mandatory parole periods.
- Substantial fines: Can reach into the hundreds of thousands of dollars.
- Permanent felony record: Convictions cannot be sealed.
- Loss of civil rights: Including voting rights and firearm ownership.
- Employment consequences: Criminal records can limit future opportunities.
- Housing difficulties: Landlords often deny applications after background checks.
— Understanding Prosecutor's Strategy —
You Need Experienced Defense Representation
Key Challenges in Robbery and Burglary Cases
- Witness identification: Often unreliable and subject to memory errors.
- Physical evidence: Can frequently be challenged, reinterpreted, or explained.
- Circumstantial evidence: Does not always prove guilt beyond a reasonable doubt.
- Codefendant testimony: May be unreliable or motivated by plea deals.
Our Proven Defense Approach
- Thorough Investigation: We examine all evidence, interview witnesses, and investigate the circumstances surrounding your charges to build the strongest possible defense.
- Challenge Evidence: We scrutinize police procedures, evidence collection, and witness reliability to identify weaknesses in the prosecution's case.
- Expert Analysis: When necessary, we work with forensic experts, security specialists, and other professionals to challenge the prosecution's evidence.
- Aggressive Negotiation: We fight for reduced charges, dismissed cases, or alternative sentencing options when appropriate.
- Trial Experience: As a former prosecutor, Attorney Lori Beck has extensive trial experience and isn't afraid to take your case to court when it serves your best interests.
Frequently Asked Questions About Robbery & Burglary Charges in Colorado
What's the difference between robbery and burglary in Colorado?
Robbery involves taking property from a person using force or threats. Burglary involves unlawfully entering property with intent to commit a crime. Robbery is a crime against a person; burglary is a property crime.
Can I be charged with both robbery and burglary for the same incident?
Yes, if you unlawfully entered a building and then robbed someone inside, you could face both charges. Each crime has different elements that can be charged separately.
What if I was just present during a robbery or burglary committed by someone else?
Colorado’s accomplice liability laws mean you can be charged as if you committed the crime yourself if you aided, encouraged, or participated in planning the offense.
Can robbery or burglary charges be reduced to lesser offenses?
Yes, experienced defense attorneys can often negotiate reduced charges such as theft, criminal mischief, or trespass, which carry much lighter penalties than robbery or burglary convictions.
How long do I have to mount a defense against these charges?
Time is critical. Evidence disappears, witnesses’ memories fade, and early intervention often leads to better outcomes. Contact an attorney immediately upon arrest or learning of an investigation.
Don't Let Robbery or burglary Charges Destroy Your Future
Robbery and burglary charges represent a battle for your freedom and your future. The prosecution has significant resources and experience building these cases, and they start working against you from the moment charges are filed. You need an equally powerful advocate who understands the system from the inside.
Don’t trust these serious charges to an inexperienced attorney or attempt to handle them yourself. The sooner you secure experienced legal representation, the stronger your defense becomes.
Evidence disappears quickly in robbery and burglary cases. Contact us immediately for a free, confidential consultation.
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Serving Denver and Throughout Colorado
Beck Law Office represents clients facing robbery and burglary charges throughout the Denver Metro Area and Colorado:
Counties Served: Adams, Arapahoe, Boulder, Broomfield, Denver, Douglas, El Paso, Gilpin, Jefferson, Larimer, Weld
Major Cities: Northglenn, Thornton, Denver, Aurora, Boulder, Colorado Springs, Fort Collins, Greeley, Lakewood, Littleton, Westminster, Arvada