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The Colorado Crime Of Possession Of Burglary Tools 18-4-205

The Possession Of Burglary Tools 18-4-205To understand the Colorado Criminal Code and more specifically the charge or charges in the Complaint and Information or Grand Jury Indictment against you – you need TWO things.

I. You Will Need To Understand The Actual Statutory Crime With Which You Have Been Charged

– The statute, as of 2016, appears first on this page.

II. You Will Also Need To Understand How The Jury Or Judge Reads The Elements – ( a jury instruction “breakout” of the necessary parts or list of things that make up the crime)

– The Jury Instructions for most of the main forms of the crimes with which individuals are charged – appears after a reprint of the statute defining the crime.

18-4-205. Possession of burglary tools

(1) A person commits possession of burglary tools if he possesses any explosive, tool, instrument, or other article adapted, designed, or commonly used for committing or facilitating the commission of an offense involving forcible entry into premises or theft by a physical taking, and intends to use the thing possessed, or knows that some person intends to use the thing possessed, in the commission of such an offense.
(2) Possession of burglary tools is a class 5 felony.

The Colorado Criminal Jury Instruction for The Crime of Possession Of Burglary Tools 18-4-205

POSSESSION OF BURGLARY TOOLS 18-4-205

The elements of the crime of possession of burglary tools are:

1. That the defendant,

2. in the State of Colorado, at or about the date and place charged,

3. possessed any explosive, tool, instrument, or other article adapted, designed, or commonly used for committing or facilitating the commission of an offense involving forcible entry into premises or theft by a physical taking, and

4. intended to use the thing possessed, or knew that some person intended to use the thing possessed, in the commission of such an offense.

[5. and that the defendant’s conduct was not legally authorized by the affirmative defense[s] in Instruction[s] ___.]

 

To enlarge the Colorado Felony Sentencing Chart – click on the chart until it opens:

Colorado Felony Offenses Chart

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___________________________
H. Michael Steinberg Esq.
Attorney and Counselor at Law
The Colorado Criminal Defense Law Firm of H. Michael Steinberg
A Denver, Colorado Lawyer Focused Exclusively On
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