Burglary in Colorado is considered a felony charge. Colorado law breaks burglary down into three main charges: first, second, and third-degree. The consequences of 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. You need a Colorado Burglary lawyer in Colorado Springs, Highlands Ranch and Castle Rock to defend your rights.
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 bargain may be another way to minimize fines and penalties.
If you or a loved one are being accused of burglary in Colorado, contact us immediately.
The lowest form of this charge is third-degree burglary, which will carry the lowest fines and penalties.
Third-degree burglary is handed down if a person breaks into the following:
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 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:
Sheltering must be significant, so there must be sturdy walls and a roof.
First-degree burglary 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:
If you’re caught in possession of 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:
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.
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:
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:
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:
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:
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: