COLORADO BURGLARY LAW
Colorado Revised Statutes define Burglary as knowingly or intentionally entering into the property of another person with the intent to commit a crime.
There are four types of Burglary charges in Colorado:
Burglary can be charged as either a misdemeanor or a felony, depending upon the specific circumstances of the case. Regardless of the which burglary charge is made, the situation is very serious.
If you are charged with Burglary, you need an experienced Colorado attorney well versed in burglary law to help you with your case. Please contact the firm at (303) 552-1720 or schedule a consultation appointment right away.
C.R.S. 18-4-202 - First Degree Burglary
A person commits First Degree Burglary if the person knowingly enters unlawfully, or remains unlawfully after a lawful or unlawful entry, in a building or occupied structure with intent to commit therein a crime, and the person or another participant is armed with explosives, uses a deadly weapon, or threatens the use of a deadly weapon.
First Degree Burglary is a Class 3 Felony .
C.R.S. 18-4-203 - Second Degree Burglary
A person commits Second Degree Burglary, if the person knowingly breaks into, unlawfully enters into, or unlawfully remains in a building or occupied structure with intent to commit a crime in the property against another person or property.
Second Degree Burglary is a class 4 felony if the burglary is of an occupied structure or of a building being used for the operation of a commercial business.
Second Degree Burglary can be a Class 3 Felony if the burglary is of a dwelling (home), the burglary is for the theft of a controlled substance (drugs), or if the objective of the burglary is the theft of firearms or ammunition.
Second Degree Burglary can also be a Class 2 Misdemeanor if the person committing the crime knowingly violated a written notice by a retailer or by the Court which restrains the person from entering into the particular retail location. The charge may also be a Class 5 Felony if the burglary is of any other type of building not previously described.
C.R.S. 18-4-204 - Third Degree Burglary
A person commits Third Degree Burglary if he enters or breaks into any vault, safe, cash register, coin vending machine, product dispenser, money depository, safety deposit box, coin telephone, coin box, or other apparatus or equipment with intent to commit a crime.
Third Degree Burglary is a Class 2 Misdemeanor, but can also be charged as a Class 1 Misdemeanor if the intent is to take a controlled substance (drugs).
C.R.S. 18-4-205 - Possession of Burglary Tools
A person commits Possession of Burglary Tools if he possesses any explosive, tool, instrument, or other article adapted, designed, or commonly used for committing the commission of an offense involving forcible entry into premises or theft by a physical taking, and intends to use the thing possessed in the commission of such an offense.
Possession of Burglary Tools is a class 2 misdemeanor, but can also be charged as a class 5 felony if the burglary tools were knowingly possessed to facilitate a forcible entry into a residence for the purpose of a physical taking.