Colorado Springs Criminal Defense Blog
Understanding the Classes of Felony Theft Crimes
Theft is any crime which permanently deprives the owner of a thing of value. Theft is charged when the defendant is alleged to have taken, used, assumed control of, or abandoned this thing or demanded money or any other kind of compensation for returning it to its owner. The thing of value can include property, identity, or services rendered.
Common Defenses for Colorado Theft Crimes
The laws governing theft in Colorado are complicated and cover a wide variety of crimes. Theft includes:
- Taking, using, exercising control over, or abandoning property in such a way that it deprives the owner of its use.
- Demanding payment or any other kind of compensation for returning something to its owner.
All About Resisting Arrest and Related Charges
Under Colorado Revised Statute 18-8-103 CRS, a person can be charged with Resisting Arrest if they knowingly prevent or attempt to prevent a peace officer from effecting an arrest of the actor or another person by:
Colorado DUI Blood Testing
In Colorado, if you are suspected of driving under the influence of alcohol or drugs, you are required to be given an Express Consent Advisement. CRS 42-4-1301.1 states that a person suspected of driving under the influence shall be required to “take and complete, and to cooperate” in the taking of a test of the person’s breath or blood to determine their alcohol content. While a person can refuse a chemical test, a refusal comes with serious consequences. Most people choose a chemical test of their blood. This article will focus on what constitutes a valid blood test.
Explaining “Self-Defense” Legal Defenses
“Self-defense” is what is termed an “affirmative defense.” This means that you are admitting that you committed the alleged act, but it was justified because it was in self-defense. As an example, walking down the street with a friend, you are approached by a third person who asks you for money. You walk away, telling them to leave you alone. The third person chases after you and appears to have a weapon.
Common Defenses for Drug Dealing Charges
Charges for drug dealing carry heavier penalties than possession for personal use. Dealing includes manufacturing, holding, distributing, and selling controlled substances or the ingredients to make those substances. It also includes inducing someone or conspiring with others to deal drugs. The severity ranges from felony charges with up to 32 years in prison and $1,000,000 in fines to misdemeanor probation. The charges will depend on the type of drugs, the amount, and whether you have previous felony convictions.
“Trespassing” on Private Property: Is It Ever Justified?
Trespassing is an umbrella term that covers a range of actions – from walking on a riverbank through private land when fishing, to entering a home with the intent to commit a violent crime. Colorado has three degrees of criminal trespassing charges.
Assault and At-Risk Youth
Educators, counselors, and caretakers of youth with disabilities provide an invaluable service to children, families, and society. Those who work in these fields do so with a passion to provide education, care, and guidance to those who suffer intellectually and emotionally. While rewarding, these occupations also carry risks that other professions do not. When a situation gets out of control, caretakers and educators can find themselves charged with very serious crimes.
Colorado Search and Seizure Law
Both the federal Constitution and the Colorado Constitution protect citizens against law enforcement unlawfully searching and seizing property. While substantially similar, the Colorado Constitution is slightly more specific than the federal Constitution. The Constitution of the State of Colorado specifically provides:
The people shall be secure in their persons, papers, homes and effects, from unreasonable searches and seizures; and no warrant to search any place or seize any person or things shall issue without describing the place to be searched, or the person or thing to be seized, as near as may be, nor without probable cause, supported by oath or affirmation reduced to writing. Colo. Const. Art. II, Section 7.
The Difference Between Trespassing and Burglary
Although trespassing and burglary are both property crimes that involve being on someone else’s property unlawfully, they are not the same offense. Burglary crimes tend to be more severe, with stiffer penalties, than trespassing crimes. If you are facing trespassing or burglary charges, it is in your best interests to speak with an experienced Colorado Springs criminal defense attorney as soon as possible.