Being charged with burglary in Colorado is a serious matter with severe legal consequences. Whether it’s an accusation of entering someone’s property unlawfully or more serious allegations involving theft or harm, burglary charges can lead to lengthy prison sentences and significant fines. If you’re facing such charges, it’s essential to have an experienced criminal defense attorney on your side to protect your rights and build a strong case in your defense.
At Right Law Group, our knowledgeable burglary defense lawyers are here to help. We will explain your rights, assess your case, and develop a tailored defense strategy to safeguard your future. Contact us today for a free consultation to discuss your legal options.
Legally reviewed by Jimmy Litle, Managing Attorney. Former Deputy District Attorney and Chief of the Vehicular Assault team in the 4th Judicial District from 2013 to 2021.
Burglary in Colorado is unlawfully entering or staying in a building, dwelling, or other structure with intent to commit a crime inside. It runs from first degree, a class 3 felony and crime of violence, down to third degree, now only a class 2 misdemeanor. What you entered and what you intended decide the charge. A former prosecutor can attack the intent and entry elements first.
The most important thing to understand about a Colorado burglary charge is that it turns on where you went and what you intended when you entered, not on whether anything was taken. The degree you face turns on what kind of structure it was and whether anyone was threatened. This page explains how Colorado defines each degree of burglary, what the penalties actually are after the 2022 sentencing changes, how prosecutors in El Paso, Douglas, and Denver counties build these cases, and where an experienced criminal defense lawyer looks first to take them apart.
Right Law Group is built on a simple advantage: our attorneys used to be the prosecutors filing and trying these cases. We know how the other side decides what to charge, when they overcharge, and what makes them reconsider. We have offices in Colorado Springs, Castle Rock, Highlands Ranch, and Denver, and we serve clients across Arapahoe, Denver, Douglas, El Paso, Fremont, Jefferson, Pueblo, and Teller counties.
Burglary in Colorado has two core parts: an unlawful entry, and the intent to commit a separate crime inside. A person commits burglary by knowingly entering unlawfully, or remaining unlawfully after entering, in a building or occupied structure with intent to commit a crime against another person or property once inside. The crime you intended does not have to be theft, and you do not have to complete it. The intent to commit it at the moment of unlawful entry is enough.
Two definitions do much of the work. A “building” is a structure with walls and a roof used for shelter, business, or storage, defined in C.R.S. section 18-4-101. A “dwelling” is a building used by a person for habitation, whether or not someone is home at the time. The difference between a dwelling and an ordinary building moves a second degree burglary from one felony class to another, so it is one of the first facts a defense lawyer checks.
The structure entered is what separates burglary from related property crimes. Walking into a place you are not allowed to be, without the intent to commit a further crime, is criminal trespass, not burglary. Taking property is theft. Taking property from a person by force is robbery. Burglary is the unlawful entry plus the criminal intent, and that intent element is often where these cases are weakest.
Colorado sorts burglary into three degrees, plus the separate offense of possessing burglary tools. After the statewide sentencing reclassification that took effect on March 1, 2022, two of these are no longer felonies at all, a change the older versions of many law firm pages still get wrong.
First degree burglary under C.R.S. section 18-4-202 is the most serious burglary charge. It applies when a person unlawfully enters or remains in a building or occupied structure with intent to commit a crime, and during the entry, the time inside, or the immediate flight, the person or another participant assaults or menaces someone, is armed with explosives, or uses or threatens the use of a deadly weapon. It is a class 3 felony. The added element of violence or a weapon is what separates it from the lower degrees.
Second degree burglary under C.R.S. section 18-4-203 is unlawful entry into a building or occupied structure with intent to commit a crime, without the weapon or assault element of first degree. Its class depends entirely on what was entered. Burglary of a dwelling, or a burglary whose objective is the theft of a controlled substance or of firearms or ammunition, is a class 3 felony. Burglary of an occupied structure or of a building used to operate a commercial business is a class 4 felony. Burglary of any other building is a class 5 felony. Knowingly violating a written retailer notice or a court order barring you from a particular retail location is charged as a class 2 misdemeanor.
Third degree burglary under C.R.S. section 18-4-204 is breaking into a vault, safe, cash register, vending machine, money depository, safe deposit box, coin box, or similar device or container with intent to commit a crime. As of March 1, 2022 it is a class 2 misdemeanor, not the class 5 felony it used to be. It becomes a class 1 misdemeanor only when the objective is the theft of a controlled substance lawfully kept on the property. Any source that still calls third degree burglary a felony is describing the law as it existed before 2022.
Possession of burglary tools under C.R.S. section 18-4-205 is possessing any tool, explosive, or article commonly used to force entry or to take property, while intending to use it, or knowing someone else intends to use it, to commit such an offense. Like third degree burglary, it is now a class 2 misdemeanor. It rises to a class 5 felony in one specific situation: when the tools were knowingly possessed to facilitate a forcible entry into a residence for a physical taking. The everyday version of this charge, often filed when someone is found with screwdrivers or pry bars near a suspected scene, is a misdemeanor.
Colorado has no crime called “aggravated burglary.” If you have seen that term, it refers to what Colorado prosecutes as first degree burglary, the version that involves a weapon, explosives, or an assault. The label does not match a Colorado statute, so the first step is identifying the exact degree and statute you are actually charged under, which a Colorado burglary lawyer can confirm quickly.
Burglary penalties split into the criminal sentence and the long-term collateral consequences. The criminal ranges below are the presumptive ranges for offenses committed on or after July 1, 2020, under C.R.S. section 18-1.3-401 for felonies and C.R.S. section 18-1.3-501 for misdemeanors.
The criminal sentence is only part of the cost. A felony burglary conviction is a permanent record that can cost you the right to possess a firearm, eligibility for housing and many jobs, and certain professional licenses. Even a misdemeanor burglary conviction shows up on background checks run by landlords and employers. Because burglary is a crime of dishonesty in the eyes of many decision makers, the reputational consequences often outlast the sentence, which is why the goal in many cases is to avoid the conviction itself rather than only to reduce the sentence.
People use these words interchangeably, but Colorado treats them as separate crimes with different elements. Knowing which one actually fits your conduct can change everything about the case.
Burglary is unlawful entry with intent to commit a crime inside. Theft under C.R.S. section 18-4-401 is knowingly taking someone’s property with intent to keep it, with no entry element at all. You can commit theft in a store you were invited into, and you can commit burglary without ever taking anything. Robbery under C.R.S. section 18-4-301 is taking property directly from a person by force or threat. Criminal trespass is entering or remaining unlawfully without the intent to commit a separate crime, which is why trespass is often the charge a burglary should have been. Related property offenses like criminal mischief and criminal tampering cover damaging or interfering with property and frequently appear alongside a burglary count. The firm explains the most common mix-up in detail on its burglary versus theft page.
Burglary cases are built around inference, because the key element, what you intended at the moment you entered, lives in your head. As former prosecutors, our attorneys know that intent is almost never proven directly. It is argued from circumstances: the time of day, whether entry was forced, what you were carrying, and what you said to police. Each of those is contestable.
The intent element is the first pressure point. To prove burglary rather than trespass, the prosecution has to show you intended to commit a crime when you entered, not that you formed that idea later or never at all. A person who walks into the wrong building, enters a place they reasonably believed they were allowed to be, or goes somewhere during a dispute over who has the right to be there often has a genuine defense to the intent the charge requires.
The “unlawful entry” element is the second. Consent, a landlord or tenant relationship, and disputed property rights all complicate whether an entry was actually unlawful. Gannon Becker, for example, secured a complete dismissal and sealing of burglary and trespassing charges that arose out of a landlord dispute, where the right to enter was the whole case.
The classification of the structure is the third, and it is unique to burglary. Whether a building counts as a “dwelling” can move a second degree case from a class 4 to a class 3 felony, and whether a container qualifies for third degree changes the charge entirely. We also examine how the evidence was gathered. Surveillance video, the timeline of the arrest, and statements taken in violation of your rights can all be challenged, and evidence obtained unlawfully can be suppressed.
Every case is different, but the defenses that come up most often in Colorado burglary cases include:
Lack of intent to commit a crime. Because burglary requires intent at the time of entry, evidence that you entered without that intent, or formed any criminal idea only later, can defeat the burglary charge and leave at most a trespass.
Lawful entry or consent. If you had permission to be there, a property or tenancy interest, or a reasonable belief that you were allowed in, the entry was not unlawful and the charge fails.
Mistaken identity. Burglaries are often reported after the fact with no direct witness, and identifications based on grainy video or assumptions about who had access are frequently wrong.
Challenging the degree. Disputing whether a structure was a “dwelling,” whether anyone was actually menaced or a weapon involved, or whether a device meets the third degree definition can move a charge down to a far less serious level.
Constitutional challenges. Unlawful searches, improper interrogations, and other rights violations can lead to suppression of the evidence the case depends on.
These are a few of the many burglary and property-crime cases our attorneys have resolved. Every case is different and past results do not guarantee a particular outcome, but they show the kind of work we do.
You can read more in our case studies and client reviews.
Our former-prosecutor bench has handled burglary and property-crime cases from both sides of the courtroom. Our attorneys move quickly to get ahead of the prosecution: we obtain and review any surveillance footage and police reports, pin down exactly what structure was entered and how it should be classified, attack the inference of criminal intent, file early motions where evidence was unlawfully obtained, and open conversations with the district attorney about reducing a felony burglary to trespass or dismissing it before it builds momentum. No lawyer can promise a result, but early, informed defense work is what creates options.
If you or someone you love has been charged with burglary in Colorado, the next decision matters. Talk to a criminal defense attorney before you speak with police or prosecutors again. Right Law Group offers a free, confidential consultation, and we will review the state’s evidence with you and explain exactly where you stand. Call or text 719-822-6227.
It depends on the degree. First degree burglary is a class 3 felony and second degree burglary is a felony in most forms, but third degree burglary and possession of burglary tools are now class 2 misdemeanors.
This surprises people, because for decades all three degrees were felonies. A statewide sentencing change that took effect on March 1, 2022 reclassified third degree burglary and possession of burglary tools as misdemeanors. First and second degree burglary remain felonies, with second degree ranging from a class 5 to a class 3 felony depending on what was entered. The single biggest factor in whether your charge is a felony is the degree the prosecutor files.
Because the degree drives everything, confirming exactly what you are charged with, and whether it can be reduced, is the first thing to do with a criminal defense lawyer.
Related: First degree burglary, Felony charges in Colorado
Burglary is entering or staying somewhere unlawfully with intent to commit a crime inside, while theft is knowingly taking someone’s property with intent to keep it. They are completely separate crimes with different elements.
The key difference is the entry. You can commit burglary without ever taking anything, simply by unlawfully entering with criminal intent, and you can commit theft with no unlawful entry at all, such as shoplifting from a store you were invited into. Many incidents involve both, which is why people use the words interchangeably, but in Colorado they are charged and proven differently. Burglary turns on the unlawful entry and your intent at that moment; theft turns on the taking and the value of what was taken.
That distinction matters because the defenses differ. The firm breaks the comparison down on its burglary versus theft page.
Related: Felony theft, Burglary versus theft
No, not anymore. As of March 1, 2022, third degree burglary under C.R.S. section 18-4-204 is a class 2 misdemeanor, not the class 5 felony it used to be.
Third degree burglary covers breaking into a vault, safe, cash register, vending machine, money depository, or similar device with intent to commit a crime. The statewide reclassification that took effect in 2022 moved it from a felony to a misdemeanor, carrying up to 120 days in jail and a fine up to $750. It becomes a class 1 misdemeanor, with up to 364 days, only when the objective is the theft of a controlled substance kept on the property.
If you have read that third degree burglary is a class 5 felony punishable by years in prison, you are looking at the old law. Confirm the current charge and exposure with a Colorado burglary lawyer.
Related: Third degree burglary, Misdemeanor charges in Colorado
First degree burglary under C.R.S. section 18-4-202 is unlawfully entering or remaining in a building or occupied structure with intent to commit a crime, where the person or another participant assaults or menaces someone, carries explosives, or uses or threatens a deadly weapon. It is a class 3 felony.
What makes a burglary first degree is the added element of violence or a weapon, not the value of anything taken. The same unlawful entry that would be second degree becomes first degree the moment a deadly weapon is used or a person is menaced during the event or the escape. Because first degree burglary is an enumerated crime of violence, the weapon or injury version carries mandatory prison rather than a chance at probation alone.
Whether that aggravating element is actually present is often disputed, and contesting it can move a case down to second degree. This is a charge where early defense work matters.
Related: First degree burglary, Menacing
It ranges widely by degree. First degree burglary carries 4 to 12 years, and 8 to 24 years as a crime of violence. Second degree carries 1 to 3 years up to 4 to 12 years depending on the structure. The misdemeanor degrees carry up to 120 days.
For felony burglary, the presumptive ranges are 4 to 12 years for a class 3, 2 to 6 years for a class 4, and 1 to 3 years for a class 5. Second degree burglary of a dwelling is a class 3, of a commercial or occupied building a class 4, and of any other building a class 5. Third degree burglary and possession of burglary tools, now misdemeanors, carry up to 120 days in county jail.
These numbers are starting points, not predictions. The strength of the evidence, the degree ultimately charged, and mitigation all shape the real outcome.
Related: Felony charges in Colorado, Second degree burglary
No. Colorado has no crime formally called “aggravated burglary.” What people mean by that term, a break-in involving a weapon or violence, is prosecuted in Colorado as first degree burglary, a class 3 felony.
Many states use “aggravated burglary” as a label for the most serious break-ins, so the phrase shows up constantly in searches and conversation. In Colorado the equivalent conduct maps onto first degree burglary under C.R.S. section 18-4-202. The degree you are actually charged under, not the informal label, is what determines the penalties you face.
Because the term does not match a Colorado statute, the first step is identifying the exact degree and statute involved, which a Colorado burglary lawyer can clarify quickly.
Related: First degree burglary, Colorado felony lawyer
The prosecution must prove two things beyond a reasonable doubt: that you entered or remained somewhere unlawfully, and that you intended to commit a crime inside at the time you did so. Both elements have to be present.
The intent element is usually the hardest to prove, because intent is rarely shown by direct evidence. Prosecutors argue it from circumstances such as forced entry, the time of day, tools you were carrying, or statements you made. The unlawful entry element can be just as contestable where there was consent, a tenancy, or a genuine dispute over who had the right to be there.
Because both elements are open to challenge, the charge filed at arrest is often not the charge that holds up. A defense lawyer who attacks intent and entry early can change the trajectory of the case.
Related: Second degree criminal trespass, First degree burglary
Yes, and it is one of the most common favorable outcomes. The difference between burglary and criminal trespass is the intent to commit a crime when you entered, so when that intent is weak, a burglary can often be negotiated down to a trespass.
Trespass covers entering or remaining unlawfully without the added criminal intent that burglary requires. When the prosecution cannot firmly establish what you intended at the moment of entry, reducing a felony burglary to a misdemeanor or petty trespass removes the prison exposure and the felony record. This is frequently the goal in cases that began as overcharged break-ins.
Whether a reduction is realistic depends on the evidence of intent, which is exactly what an experienced defense lawyer evaluates first.
Related: First degree criminal trespass, Third degree criminal trespass
Usually no. As of March 1, 2022, possession of burglary tools under C.R.S. section 18-4-205 is a class 2 misdemeanor. It is a class 5 felony only when the tools were knowingly possessed to facilitate a forcible entry into a residence for a physical taking.
The charge covers possessing a tool, explosive, or article commonly used to force entry or take property, while intending to use it, or knowing someone else intends to use it, for that purpose. Ordinary tools like screwdrivers and pry bars become evidence only when the intent element is present. The everyday version of this charge is a misdemeanor carrying up to 120 days, not the class 5 felony many older pages still list.
Because the charge depends so heavily on intent, and on the assumption that common tools were meant for a crime, it is often defensible.
Related: Possession of burglary tools, Misdemeanor charges in Colorado
The difference is violence or a weapon, not the value of property. A burglary becomes first degree when, during the entry, the time inside, or the flight, the person or a participant assaults or menaces someone, carries explosives, or uses or threatens a deadly weapon. Without that element it is second degree.
Second degree burglary is the same unlawful entry with intent to commit a crime, but without the aggravating violence. Its felony class then depends on the structure: a dwelling makes it a class 3, a commercial or occupied building a class 4, and any other building a class 5. So two cases with identical entries can carry very different exposure depending on whether a weapon appeared and what was entered.
Because that aggravating element is often disputed, challenging it is a central goal where first degree is charged.
Related: First degree burglary, What is a deadly weapon in Colorado
No. Burglary is complete the moment you unlawfully enter with intent to commit a crime inside, even if you take nothing and never carry the crime out. The taking is not an element of burglary.
This often surprises people who assume burglary and theft are the same thing. A person who breaks into a building intending to commit a crime has committed burglary even if they are interrupted, change their mind, or find nothing to take. By the same logic, taking property without any unlawful entry is theft or robbery, not burglary.
Because the crime turns on intent at entry rather than on a completed theft, the defense often focuses on what you actually intended, not on what was or was not taken.
Related: Felony theft, Robbery
Burglary is an unlawful entry with intent to commit a crime inside, while robbery under C.R.S. section 18-4-301 is taking property directly from a person by force, threats, or intimidation. The difference is the entry versus the force against a person.
Burglary does not require any confrontation; it can happen in an empty building. Robbery does not require any entry; it is about taking from a person through force or fear, such as a street mugging. The two can overlap when a break-in turns into a confrontation, but they are distinct charges with distinct elements and penalties. Robbery is a felony in Colorado and aggravated robbery carries crime-of-violence sentencing.
If you are facing more than one of these charges from a single incident, sorting out which actually fits the facts is an early priority for the defense.
Related: Robbery, Felony theft
A dwelling is a building used by a person for habitation, such as a house or apartment, whether or not anyone is home at the time. It matters because burglary of a dwelling is a class 3 felony, while burglary of an ordinary building can be a class 4 or class 5.
The dwelling classification carries the heaviest second degree penalties because the law treats invading a home as more serious than entering a shed or a store after hours. Whether a particular structure qualifies as a dwelling is a factual question, and it is not always obvious, for example with a detached garage, a building under construction, or a space someone only sometimes lives in. The answer can move the case up or down a full felony class.
Because so much sentencing exposure rides on that single label, contesting whether a structure was truly a dwelling is often a key part of a second degree burglary defense.
Related: Second degree burglary, Burglary versus theft
Not necessarily. The outcome depends on the degree and the facts. The misdemeanor degrees rarely lead to a long jail term for a first offense, and even some felony burglaries resolve with probation, a deferred judgment, or a reduction rather than prison.
For a third degree or possession of tools misdemeanor, a first offense with mitigation often resolves without significant jail. Felony second degree burglary is more serious, but a clean record, the strength of the intent evidence, and early defense work can open the door to probation or a deferred judgment. First degree burglary as a crime of violence is the exception, because it carries mandatory prison.
A defense lawyer who presents strong mitigation early can often steer a first offense away from incarceration. The jail maximum is not the likely result for most first-time misdemeanor cases.
Related: Second degree burglary, Misdemeanor charges in Colorado
Often, yes, if the case ends without a conviction or after a waiting period for certain convictions. A dismissal, an acquittal, or a completed deferred judgment generally allows the record to be sealed, which is part of why dismissal is such a valuable outcome.
Our attorneys have obtained dismissals followed by sealing in burglary cases. Gannon Becker secured a complete dismissal and sealing in a burglary and trespassing case, and Jimmy Litle did the same for two clients charged with burglary and theft. Sealing keeps the case from appearing on most background checks, which protects housing and employment.
Eligibility and timing depend on the disposition and the specific charge, so the path to sealing is something to map out with a defense lawyer as part of the overall strategy.
Related: Case studies, Client reviews
It depends on the level of the charge and the county. Felony burglary is filed in district court, while the misdemeanor degrees are generally handled in county court, in the county where the alleged offense occurred.
For our clients, that usually means the El Paso County courts in the 4th Judicial District, the Douglas County courts in the 18th Judicial District, the Denver courts in the 2nd Judicial District, or the Jefferson County courts in the 1st Judicial District, depending on where the alleged burglary happened. Each jurisdiction has its own prosecutors and its own tendencies in how property crimes are charged and resolved.
Knowing the local court and the prosecutors who staff it is part of why a Colorado defense lawyer with experience in your county matters.
Related: Colorado Springs criminal defense, Castle Rock criminal defense
Do not talk to the police about what happened, and ask for a lawyer. In burglary cases, statements about why you were somewhere or what you intended are among the most damaging evidence the prosecution uses to prove the intent element.
People often try to explain an innocent reason for being where they were, believing it will clear things up, but in a burglary investigation those explanations are easily turned into proof of intent or unlawful entry. Politely declining to answer questions and asking for an attorney is not an admission of guilt; it is the protection the law gives you. If you have already spoken to police, a defense lawyer can still help.
The most important step now is to stop discussing the case and get counsel involved before the prosecution locks in its theory.
Related: Criminal defense attorneys, Free consultation
No. The decision to file or drop a burglary charge belongs to the prosecutor, not the property owner or alleged victim. Even if the owner does not want to pursue it, the district attorney can proceed.
This surprises many people, especially in cases that grew out of a dispute between people who know each other, such as a landlord disagreement or a falling-out between roommates. The owner’s wishes can influence the prosecutor and can be relevant to the outcome, but they do not control it. The state can move forward on its own evidence.
Because the case will not simply go away on its own, having a defense lawyer engage with the prosecutor directly is usually the more effective path.
Related: Case studies, First degree criminal trespass
It varies. A misdemeanor burglary case may resolve in a few months, while a felony burglary case can take six months to a year or longer, particularly if it proceeds toward trial.
The timeline depends on the complexity of the evidence, the court’s schedule, whether motions are filed, and whether the case is negotiated or tried. Felony cases include additional stages, such as a preliminary hearing, that add time. Moving quickly on the defense does not necessarily shorten the case, but it does shape the options by getting ahead of the prosecution’s theory.
Your lawyer can give you a realistic timeline once the degree and the evidence are clear.
Related: Colorado felony lawyer, Second degree burglary
Burglary frequently appears alongside the crime the person allegedly intended to commit, plus related property offenses. Common companions are theft, criminal mischief, criminal trespass, and criminal tampering.
Because burglary is defined by the intent to commit a separate crime, prosecutors often charge that underlying crime as well, such as theft for what was taken or menacing where a person was threatened. Criminal mischief covers damage caused during a break-in, and criminal tampering covers interfering with property or utilities. Stacking these charges raises the overall exposure and the pressure to plead.
A defense lawyer looks at the whole set of charges together, because resolving the burglary count often depends on what happens with the charges attached to it.
Related: Criminal mischief, First degree criminal tampering
No. Shoplifting is generally charged as theft, not burglary, because there is usually no unlawful entry into a store that is open to the public. Burglary requires entering or remaining somewhere unlawfully.
There is one situation where retail conduct touches the burglary statute: knowingly entering a retail location after a written notice or court order has barred you from it is charged as second degree burglary at the class 2 misdemeanor level. Ordinary shoplifting from a store you are allowed to enter is theft, graded by the value of the goods. The two are proven differently and carry different penalties.
If you are facing a retail-related charge, identifying whether it is theft or the narrow burglary version matters, because the defenses are not the same.
Related: Felony theft, Burglary versus theft
A former prosecutor knows how the other side proves intent and entry in a burglary case, because they used to build those cases. They understand how charging decisions are made, where prosecutors tend to overcharge a trespass as a burglary, and what evidence problems make a district attorney willing to reduce or dismiss.
At Right Law Group, our attorneys served as Colorado prosecutors before moving to the defense side. That experience shapes how we attack the intent inference, the classification of the structure, and the legality of the search. Gannon Becker has secured a dismissal and sealing of burglary and trespassing charges, and Jimmy Litle has done the same in a burglary and theft case, a few of the many results in our case studies.
No lawyer can guarantee an outcome, but insider knowledge of the prosecution’s playbook is a real advantage in a property-crime case. A free consultation is the place to start.
Related: About Right Law Group, Case studies
It helps. Burglary cases are resolved in the county where they are filed, in front of local prosecutors and judges, so a lawyer who regularly works in that courthouse understands how these cases tend to go there. Right Law Group practices throughout the Front Range.
We defend burglary and property-crime cases in Colorado Springs and El Paso County, Castle Rock and Douglas County, Denver, Highlands Ranch, and the surrounding counties. Local familiarity with the district attorney’s office that filed your case informs how we approach negotiation and motions.
A free consultation is the place to find out how your specific county and court are likely to handle the charge.
Related: Colorado Springs criminal defense, Castle Rock burglary lawyer
Your first appearance is an advisement, where the court tells you the charges and your rights, addresses bond, and sets conditions of release. You are not required to enter a plea or explain your side at this stage.
At the advisement the judge sets bond and may impose conditions, such as staying away from the property or the person involved. Felony burglary cases then move through district court, often with a preliminary hearing where the prosecution has to show probable cause. The misdemeanor degrees are handled in county court on a faster track. You should not discuss the facts of the case in open court, because anything you volunteer can be used later.
Having a lawyer at or before the first appearance helps with bond arguments and keeps you from saying something that harms the case. This is the right moment to get counsel involved, before the prosecution commits to its theory.
Related: Colorado felony lawyer, Colorado Springs criminal defense
Generally no, because burglary requires an unlawful entry, and you cannot unlawfully enter a place you have a legal right to be. Disputes over who actually had the right to enter are a common and often successful defense.
Burglary turns on entering or remaining somewhere you are not allowed to be, with intent to commit a crime. Where there is a genuine property or tenancy interest, a shared ownership, or a reasonable belief that you were permitted to enter, the unlawful-entry element is in question. These situations come up in landlord-tenant disputes, breakups, and family disagreements, where police sometimes file a burglary that is really a civil dispute over access. Gannon Becker’s dismissal and sealing arose from exactly this kind of landlord dispute.
If your case grew out of a disagreement over who had the right to be somewhere, that dispute is often the heart of the defense. A lawyer can document your right to enter and press the prosecution on the unlawful-entry element.
Related: Case studies, First degree criminal trespass
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:
