When facing accusations of theft, burglary, or robbery, the emotional weight can feel overwhelming. You may be grappling with fear, confusion, and uncertainty about what comes next. Understanding the differences between these charges—and how they could affect your life—is crucial. In this article, we’ll explore key concepts with the aim of helping you feel more informed and empowered as you navigate this difficult time.
In this article, you can discover…
- The differences between types of legal theft in Colorado.
- How the presence of a weapon can impact a case.
- Possible defenses that can be used in robbery and burglary cases.
What Is The Legal Definition Of Theft In Colorado?
Under Colorado law, theft occurs when a person knowingly obtains, retains, or exercises control over someone else’s property without authorization, or by using threats or deception. The key element of theft is the intent to permanently deprive the owner of their property.
How Does Burglary Differ From Robbery Under Colorado Statutes?
Burglary and robbery are often confused, but they involve different actions under the law.
- Burglary involves unlawfully entering or remaining in a building or structure (like a home or garage) with the intent to commit a crime. Importantly, burglary is not directly tied to theft—it can involve the intent to commit any crime, such as vandalism or assault, once inside the property. Burglary focuses on illegal entry and the intent to commit a crime while inside.
- Robbery, on the other hand, involves taking something of value directly from another person using force, threats, or intimidation. Robbery occurs in the presence of the victim and involves direct confrontation, such as taking a wallet by force.
In What Situations Does A Theft Escalate To A Robbery?
Theft escalates to robbery when force, threats, or intimidation are used during the act. For instance, if someone grabs a purse from another person, that’s theft from a person. However, if they use threats or physical force, it becomes robbery. If a weapon is involved, it could escalate further to aggravated robbery.
Attorneys Jim & Christina Zorrilla are attentive criminal defense lawyers serving Colorado. For years, they have helped clients just like you understand nuances in Colorado law and fight back against theft and burglary charges.
In need of representation following an arrest? Unsure of your rights or options? Reach out to The Zorrilla Law Firm at (303) 951-8004 for a free initial consultation today.
How Does The Presence Of A Weapon Affect Charges Of Robbery Or Burglary?
The presence of weapons can often cause charges to be treated more seriously. For example, if you commit robbery with a weapon, you are now facing a charge of aggravated robbery. This is a Class 3 Felony and carries mandatory prison time.
Second-degree burglary becomes first-degree burglary if one of the participants has a deadly weapon, uses a deadly weapon, or threatens someone inside the home with a deadly weapon. This escalates charges from a Class 4 to a Class 3 felony, with more serious consequences.
What Are The Challenges In Defending Robbery Or Burglary Cases?
Defending robbery or burglary cases often involves overcoming several challenges:
- Surveillance Footage
With the prevalence of security cameras and personal devices like Ring cameras, many defendants may be captured on video, making defense more difficult.
- Eyewitness Testimony
In many robbery cases, the prosecution relies on testimony from the victim or witnesses. Challenging the accuracy of these testimonies—especially in cases involving brief encounters or poor lighting—is crucial.
- Cell Phone Data
Law enforcement often uses cell phone location data to place a defendant at the scene of a crime. While challenging, experts can sometimes dispute the precision of this data.
- Possession Of Stolen Items
If you are found with stolen property, creating a legitimate explanation for why and how you came into possession of the items can be challenging.
Our Approach To Cases Like Yours
One of the key lessons in defending robbery and burglary cases is focusing on the intent behind the crime. The prosecution must prove that you had the intent to commit a crime (in burglary) or the intent to deprive the owner of property (in theft or robbery). For this reason, challenging the prosecution’s ability to establish intent is often a strong defense strategy.
Additionally, successfully challenging the credibility of eyewitnesses—particularly in robbery cases where the victim and perpetrator may have had only a brief encounter—can play a critical role. Experts on eyewitness testimony can be valuable in explaining the unreliability of such identifications, especially when strangers are involved.
For these reasons, early investigation is key. Prosecutors often rely on police reports, but a solid defense team can uncover additional evidence, such as other surveillance footage or alternative witness testimonies, that can cast doubt on the prosecution’s case.
Finally, understanding a client’s background and the circumstances leading up to the charges can be crucial for negotiations. Many property crimes stem from desperation, and getting to know a client’s personal situation can help humanize them during plea negotiations. This approach not only prepares the case for trial but also strengthens the attorney’s position in seeking reduced charges or penalties.
Still Have Questions? Ready To Get Started?
For more information on Robbery & Burglary, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (303) 951-8004 today.
Attorneys Jim & Christina Zorrilla are attentive criminal defense lawyers serving Colorado. For years, they have helped clients just like you understand nuances in Colorado law and fight back against theft and burglary charges.
In need of representation following an arrest? Unsure of your rights or options? Reach out to The Zorrilla Law Firm at (303) 951-8004 for a free initial consultation today.