theft, robbery and burglary FAQ

Can I be deported for this?

In order for a non-citizen to be deported, he or she has to have been convicted of committing an aggravated felony. This could be a theft or a violent crime in which you were sentenced for a minimum of one year.

What’s the difference between theft, robbery and burglary?

When it comes to theft, robbery, and burglary, the difference is the forced used and the intent of the individual. The class of criminal offense for these crimes is determined by monetary value of the item(s) stolen.

What constitutes a burglary?

The intent to commit a crime is what differentiates burglary from robbery or theft. Additionally, the punishment for burglary is more severe.

I’m accused of burglary, but I didn’t steak anything. What’s going on?

A person can be convicted of burglary without stealing. If a person enters a building without consent, this constitutes a break and entry by burglary standards. Additionally, if a defendant enters the building with the intent to commit a crime, but is caught before the crime or theft takes place, that person can still potentially be charged with burglary.

How do they prove intent in burglary?

To prove intent, the prosecution will attempt to see if you discussed the intent to burglarize with anyone before entering the building. They will also look at your actions and choices before and after entering the building. If you were carrying a large bag, the prosecution could potentially say that this showed intent. Furthermore, they will look into your past. If you have a history of petty theft, this could increase your chances of a burglary conviction.

What constitutes identity theft in Colorado?

In Colorado, Identity Theft is covered in the statutes under C.R.S. 18-5-902. C.R.S. 18-5-902 defines Colorado identity theft as when a person:

1. Knowingly possesses or uses the personal identifying information, financial identifying information, or financial device of another without permission or lawful authority with the intent to obtain (or assist another in obtaining) cash, credit, property, services, or any other thing of value or to make a financial payment; or to aid another in doing the same
2. With the intent to defraud, falsely makes, completes, alters, or utters a written instrument or financial device containing any personal identifying information or financial identifying information of another
3. Knowingly possesses the personal identifying information or financial identifying information of another without permission or lawful authority; a) to use in applying for or completing an application for a financial device or other extension of credit; or b) with the intent to obtain a government-issued document.

   Can i be deported for committing identity theft?

   In addition to prison, identity theft charges can lead to immigration consequences, including deportation. Identity theft is viewed as a crime of moral turpitude, and immigration judges can order someone deported if that person is convicted or pleas to an identity theft criminal charge.

   What will my punishment be?

   Your punishment will vary according to the type of theft, robbery, or burglary you have been accused of and the amount in question. Talk to an experienced criminal defense lawyer to see what your punishment is and how they can get it lessened or thrown away.

   Where do I go from here?

   Any of these charges could affect your future in major ways. It may become harder to get a job, you may not be able to get a license, and it will go on your criminal record. We understand this, and we want to help you attain the best future possible. Contact the Law Office of Andres R. Guevara, where we treat our clients like people. We’ll stand by you and listen to you. We will take your worries and views into consideration and fight to ensure you get the best possible future.

   Will a shoplifting charge go on my record?

   Yes. Any shoplifting or theft conviction will leave you with a permanent criminal record, regardless of the value of what was taken. This is why it’s essential that you call an experienced criminal defense lawyer as soon as possible if you’re being accused of committing shoplifting.