18-4-202. First degree burglary.

Colorado First-Degree Burglary

Colorado Statute CRS 18-4-202, known as first-degree burglary, is a Class 3 felony offense punishable by up to 12 years in prison and/or up to $750,000 in fines. It is defined as unlawfully entering another person’s property with the intent to commit a crime, assaulting that person, or possessing a deadly weapon.

Charge	Classification	Penalties
First-Degree Burglary	Class 3 Felony	Up to 12 years in prison Up to $750,000 in fines
Second-Degree Burglary	Class 4 Felony	Up to 6 years in prison Up to $500,000 in fines
Third-Degree Burglary	Class 5 Felony	Up to 3 years in prison Up to $100,000 in fines
(Colo. Rev. Stat. § § 18-4-202, 18-4-203, 18-4-204.)

Charge

Classification

Penalties

First-Degree Burglary

Class 3 Felony

Up to 12 years in prison
Up to $750,000 in fines

Second-Degree Burglary

Class 4 Felony

Up to 6 years in prison
Up to $500,000 in fines

Third-Degree Burglary

Class 5 Felony

Up to 3 years in prison
Up to $100,000 in fines

(Colo. Rev. Stat. § § 18-4-202, 18-4-203, 18-4-204.)

First-degree burglary is a serious crime. You could spend years in prison if you’re convicted of first-degree burglary. To convict you, the prosecution must prove beyond a reasonable doubt that you committed a crime.

The following elements are required to make a first-degree burglary conviction:

You knowingly entered or remained on another person’s property
You had the intent to commit a crime other than trespassing
While committing the burglary you or someone with you also assaulted another person, possessed/used/or threatened to use explosives or a deadly weapon, or used/threatened to use a deadly weapon

A Colorado criminal defense attorney can defend you against these charges using a solid defense strategy.

Possible defenses for a first-degree burglary charge include:

Your presence on the property was lawful
You were unaware you were on the property unlawfully
Aggravating circumstances (assault, possession of a deadly weapon, etc.) cannot be proven
Law enforcement misconduct in gathering evidence

When you’ve been charged with first-degree burglary in Colorado, speaking with a criminal defense lawyer may be your best shot at getting your charges dismissed or reduced.

Colorado Revised Statutes, CRS 18-4-202:

(1) 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, other than trespass as defined in this article, against another person or property, and if in effecting entry or while in the building or occupied structure or in immediate flight therefrom, the person or another participant in the crime assaults or menaces any person, the person or another participant is armed with explosives, or the person or another participant uses a deadly weapon or possesses and threatens the use of a deadly weapon.

(2) First degree burglary is a class 3 felony.

(3) If under the circumstances stated in subsection (1) of this section the property involved is a controlled substance, as defined in section 18-18-102 (5), within a pharmacy or other place having lawful possession thereof, such person commits first degree burglary of controlled substances, which is a class 2 felony.

What is considered a deadly weapon in Colorado?

Under Colorado law, a deadly weapon is defined as a firearm, loaded or unloaded, a knife, bludgeon, or any other weapon or instrument, animate or inanimate, capable of producing death or serious bodily injury.

Examples of a deadly weapon can include but aren’t limited to:

Guns
Knives
Chainsaws
Metal tools, like a hammer
Baseball bats
Brass knuckles

Remember that a deadly weapon does not have to be used to constitute a crime. It need only be threatened use.

What is considered assault in Colorado?

Assault can be interpreted in many ways in Colorado.

The legal definition for assault is unlawfully causing bodily injury to another person, including but not limited to:

Throwing objects at another person
Pushing, shoving, or kicking someone
Shooting, stabbing, or strangling someone
Hitting, slapping, or punching someone
Causing pain to someone in any way

What is the difference between theft, robbery, and burglary in Colorado?

Theft, robbery, and burglary are terms often used interchangeably. Although they may share some common elements, they are considered separate crimes in Colorado.

Theft is taking anything of value from someone without their consent. Robbery involves taking property by use of threats, force, or intimidation. And burglary is unlawfully entering a property to commit any crime, theft included.