Lafayette, CO asked in Criminal Law for Colorado

Q: Is there jail time for 2nd degree burglary with a previous misdemeanor

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2 Lawyer Answers

John Kenneth Joyner

  • Criminal Law Lawyer
  • Colorado Springs, CO
  • Licensed in Colorado

A: Second degree burglary can be a class 3 or 4 felony. If you are charged with a class 4 felony, the possible time in the Department of Corrections is 2-6 years. If you are charged with a class 3 felony, the possible Department of Corrections time is 4-12 years.

Brian K. McHugh agrees with this answer

Brian K. McHugh

  • Criminal Law Lawyer
  • Littleton, CO
  • Licensed in Colorado

A: With the exception of class 2 petty offenses and a few other crimes, jail is a possible penalty for a criminal offense. Having prior convictions increases the risk of a jail or prison sentence (county jail for misdemeanor offenses, prison for felony offenses). However, "possible" is the key word here. A defendant's criminal history is just one of several factors the judge will look at in determining whether incarceration is appropriate in any given case.

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