Property Crimes, Theft Burglary, Trespass, Criminal Mischief

If you have been arrested for the crime of burglary, robbery, criminal mischief, trespass or any other property related crime in the Glenwood Springs, Aspen, Rifle, Eagle, Vail, Basalt, Garfield County, Pitkin County, Eagle County or the surrounding area, you need prompt legal representation from an experienced attorney who has substantial experience working on cases in the local court system.  An experienced lawyer can make all the difference in your criminal case and will attempt to have the charges against you lowered or dismissed altogether.  He will fight for your constitutional rights and will do everything possible to keep you out of jail.  That attorney is Kip O’Connor.

BURGLARY AND ROBBERY

The crimes of burglary and robbery are separate and distinct crimes.  The distinction between the two crimes is based on the intention of the crime.  The crime of Burglary involves illegally entering a building, or any locked container, with the intent to commit a crime.  You must intend to commit an underlying crime, which can either be a crime against property, such as theft; or a crime against a person, such as assault.  Like many Colorado criminal charges, burglary can be charged in different degrees according to the severity of the crime.  Robbery is a theft crime that involves the use of force or the threat of force in order to steal or take another’s property.  The victim must be present during the crime and have been threatened or harmed in some way.  If the victim was physically hurt or if a deadly weapon was used during the commission of the crime, the charge will be increased to a charge of aggravated robbery.

Both robbery and burglary are felony charges for which a conviction can send you to prison for many years.

THEFT

The crime of theft is the act of taking a possession or object of value from another person with the intent to permanently deprive that person of their possession or object.  The prosecution must prove beyond a reasonable doubt that you intended to permanently deprive another of their possession or object and that the owner would never get their possession or object back.  This is separate and distinct from borrowing a thing or money, which is not a crime in Colorado.  The crime of theft can be charged as a misdemeanor or a felony depending upon the value of the item or money stolen.

CRIMINAL MISCHIEF

The crime of criminal mischief is the act of knowingly damaging or destroying the property of another or the joint property of the accused and another.  The most common example of criminal mischief is vandalism.  Criminal mischief can also be charged in a domestic violence situation where the accused destroys or damages household property which is jointly owned by both parties. The crime of criminal mischief can also be charged as either a misdemeanor or a felony depending upon the value of the property damaged or destroyed.  Criminal mischief resulting in damage of less than $100 is a Class 3 misdemeanor, damage of $100 but less than $500 is a Class 2 misdemeanor, damage of $500 but less than $15,000 is a Class 4 felony, and damage of $15,000 or more is a Class 3 felony.