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.
