Charge | Classification | Penalties |
---|---|---|
First-Degree Burglary | Class 3 Felony |
|
Second-Degree Burglary | Class 4 Felony |
|
Third-Degree Burglary | Class 5 Felony |
|
(Colo. Rev. Stat. § § 18-4-202, 18-4-203, 18-4-204.) |
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.
If you have been arrested or charged with a crime, the best decision you can make is to
hire a good criminal defense attorney. With the right defense lawyer in your corner, you
will be advised and guided towards the best outcome for your case.
Charge | Classification | Penalties |
---|---|---|
First-Degree Burglary | Class 3 Felony |
|
Second-Degree Burglary | Class 4 Felony |
|
Third-Degree Burglary | Class 5 Felony |
|
(Colo. Rev. Stat. § § 18-4-202, 18-4-203, 18-4-204.) |
The elements of the crime of first degree burglary are:
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:
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:
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.
(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.
A first-degree burglary charge is the highest charge for burglary in Colorado. A conviction could result in over a decade in prison and hundreds of thousands of dollars in fines. Subsequently, a felony criminal charge will strip you of your civil rights and protections so that you’ll have difficulty functioning in society even after your prison sentence ends. You can protect yourself against burglary charges by understanding the laws that control your charges and by hiring an experienced Colorado criminal defense lawyer to represent you in your case. Contact our team today to discuss your charges.
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:
Remember that a deadly weapon does not have to be used to constitute a crime. It need only be threatened use.
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:
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.