Burglary in Colorado


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Burglary in Colorado


Facing Burglary Charges? The Penalties Could Be Severe. You Need To Act Fast — Your FREEDOM Could Be On The Line.

Burglary in Colorado is considered a felony charge. Colorado law breaks burglary down into three main charges: first, second, and third-degree. The consequences for being charged with any of these charges can be significant. 

You’ll face significant fines, ranging from $1,000 to $1 million, and decades of potential prison time. 


When Should I Call a Colorado Springs Burglary Defense Attorney? 

Burglary charges are serious, and you should seek the help of a criminal defense attorney as soon as possible following the charges against you. An attorney can help you build a solid defense strategy, and may even reduce the charges against you or secure an acquittal. 

A plea deal may be another way to minimize fines and penalties. 

If you or a loved one are being accused of burglary in Colorado, give us a call immediately. 


Types of Burglary Charges in Colorado 

Third-degree Burglary 

The lowest form of burglary is a third-degree charge, which will carry the lowest fines and penalties. Third-degree burglary is handed down if a person breaks into the following: 

  • Cash register 
  • Safe 
  • Vending machines 
  • Coin boxes 
  • Safety deposit box 

The law extends to any locked containers or boxes. If, for example, you stole an item from a person’s locked gym locker, this would constitute a third-degree burglary charge. 

Second-degree Burglary 

Second-degree charges occur when a person enters a building unlawfully or remains in a building unlawfully with the intent to commit a crime. A building, by definition, is a structure that protects against the elements, this means that it will include: 

  • Hotel rooms 
  • Garages 
  • Trailers 
  • Jail cells 

Sheltering must be significant, so there must be sturdy walls and a roof. 

First-degree Burglary 

First-degree charges are the most serious and are often handed out if you used or threatened to use violence against a person when breaking in or while inside the residence or building. Charges are only upgraded to first-degree when you or someone with you during the crime: 

  • Used a deadly weapon 
  • Assaulted a person 
  • Menaced a person 
  • Threatened to use a deadly weapon 
  • Carried explosives 

Possession of Burglary Tools 

If you’re caught with burglary tools, and you’re not in the middle of committing burglary, this can still constitute a crime. Intention to facilitate an offense using the tools in your possession is a class 5 felony, which carries a sentence of 1 to 3 years in prison, two years mandatory probation, and fines ranging from $1,000 to $100,000. 

In Colorado, a burglary tool can be any kind of tool that is commonly used to break into a business, home, or vehicle. Examples of these tools include:

  • Crowbar 
  • Glass breaking tools 
  • Magnets (commonly used in shoplifting)
  • Key making kits used to replicate keys


Burglary Charges and Domestic Violence 

When domestic violence is added to a burglary charge, the seriousness of the crime increases significantly. If domestic violence occurs during the burglary, the charge would be moved up to a first-degree charge, which carries the highest fines and penalties possible. 

If you have been arrested…

Your FREEDOM is potentially at stake. A conviction can have a huge impact on your job, relationships, and your future. You need to act fast.

What Are the Penalties for Burglary in Colorado?

The penalties for burglary depend on the degree of the crime. 

Third-degree burglary 

Third-degree charges are considered a class 5 felony, but they can be switched to a class 4 felony if the crime was being committed in order to steal a controlled substance. 

Penalties are as follows: 

  • Class 5 Felony: 1-3 years imprisonment, 2 years’ probation and fines ranging from $1,000 to $100,000. 
  • Class 4 Felony: 2-6 years imprisonment, 3 years’ probation and fines of $2,000 to $500,000 

Second-degree burglary 

Second-degree charges are a class 4 felony to start, but the crime can be upgraded to a class 3 felony if the objective was to steal a controlled substance that was lawfully allowed in the building, or if the building was a dwelling. 

Penalties are as follows: 

  • Class 4 Felony: 2-6 years imprisonment, 3 years’ probation, and fines ranging from $2,000 to $500,000. 
  • Class 3 Felony: 4-12 years imprisonment, 5 years’ probation, and fines ranging from $3,000 to $750,000. 

First-degree burglary First-degree charges fall into the class 3 felony classification with 4-12 years imprisonment, 5 years’ probation, and fines ranging from $3,000 to $750,000. 

However, the penalties are much harsher in two circumstances: 

  • If the burglary involved a controlled substance from a facility that lawfully housed the substance, you’ll face 8 to 24 years in prison, 5 years of parole, and fines of $5,000 to $1 million. 
  • If the burglary is a “crime of violence” where you used or threatened to cause bodily harm, injury, or death, you’ll face 16 to 48 years in prison. 


Burglary in Colorado is a serious charge with harsh penalties and fines. Whether you engaged in or are being accused of burglary of a residential building, commercial building, or lockbox, it’s important to begin building a defense strategy that uses the law to your advantage. 

Taking on charges of burglary on your own is not recommended. Prison time and the risk of a felony charge being on your permanent record can have a lifetime of consequences that make it harder to vote, get a job and even find housing.

Frequently Asked Questions

In order for a crime to be considered burglary, the following 3 elements need to be proved:

  1. A person entered
  2. Into a building, structured, or locked container
  3. With the intent to steal or commit another crime

In Colorado, burglary charges are always felonies. In order to determine the severity of the felony charge, the degree of the burglary must be taken into account.

In order for a burglary charge in Colorado to be elevated to first-degree burglary, one or more of the following scenarios must have taken place during the crime:

  • Used a deadly weapon 
  • Assaulted a person 
  • Menaced a person 
  • Threatened to use a deadly weapon 
  • Carried explosives

Colorado Springs Burglary Lawyer Near You

When you’re charged with Burglary in Colorado, you need a lawyer who is familiar with the laws and knows how the court system works. Criminal defense attorneys work with you to help you establish a strong defense. Even if you believe that a conviction is inevitable, a burglary lawyer can help you fight for a lesser charge, a reduced sentence, or another more favorable outcome. Contact us right away for a free case consultation.


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