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18-4-203. Second degree burglary.

18-4-202 Second Degree Burglary

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Colorado statute CRS 18-4-203—known as second-degree burglary—can be a class 4 or class 3 felony. Charged as class 4, it is punishable by two to six years in prison and a mandatory three-year parole term. Second-degree burglary in Colorado is defined as unlawfully entering a building with intent to commit a crime.

Penalties for Second-Degree Burglary in Colorado

Charge Classification Penalty
Burglary: First Degree Felony Class 3: up to $750,000 in fines; up to 12 years incarceration
Burglary: Second Degree Felony Class 3: up to $750,000 in fines; up to 12 years incarceration

Class 4: up to $500,00 in fines; up to 6 years incarceration

Burglary: Third Degree Felony Class 5: up to to $100,000 in fines; up to 3 years incarceration
Burglary: Possessing Tools Felony Class 5: up to $100,000 in fines; up to 3 years incarceration
(Colo. Rev. Stat. § § 18-4-202, 18-4-203, 18-4-204, 18-4-205.)

Here is What the Prosecution Must Prove to Convict You

The elements of the crime of first degree burglary are:

  1. That the defendant,
  2.  in the State of Colorado, at or about the date and place charged,
  3. knowingly,
  4. broke an entrance into, entered unlawfully in, or remained unlawfully after a lawful or unlawful entry in,
  5. a building or occupied structure,
  6. with intent to commit a crime therein against another person or property, and
  7. If there is an affirmative defense raised, the prosecution must also prove that the defendant’s conduct was not legally authorized by the affirmative defense.

Possible Defenses for Second-Degree Burglary in Colorado

The penalties for a burglary charge can be severe, especially if charged with a Class 3 felony. For a second-degree burglary to be charged as a Class 3 felony, it would need to be a burglary of a dwelling, or the objective of the burglary would need to be theft of a controlled substance.

To build a criminal defense against a burglary charge, it is helpful to understand what the jury needs to prove a theft crime happened beyond a reasonable doubt. The elements of offense outline the elements a jury needs to prove to indict for a criminal burglary offense.

Elements of Offense in Second-Degree Burglary

In burglary cases, the prosecution must prove three main elements of the offense for a criminal indictment.

They include:

  • Enter—Unlawful entry
  • Structure—The person knowingly broke into an unauthorized building or occupied structure
  • Intent—They unlawfully entered with the intent to commit therein a crime

Possible Defenses for Second-Degree Burglary

Therefore, to successfully defend against a second-degree burglary conviction, you must prove you did not enter an occupied structure with intent.

Or that:

  • You entered the building or occupied structure lawfully, with permission or authorization
  • You did not know you were illegally entering the property
  • You did not intend to commit a crime while on the property

Colorado Revised Statutes, CRS 18-4-203:

(1) A person commits second-degree burglary, if the person knowingly breaks an entrance into, enters unlawfully in, or remains unlawfully after a lawful or unlawful entry in a building or occupied structure with intent to commit therein a crime against another person or property.

(2) Second-degree burglary is a class 4 felony, but it is a class 3 felony if:

  1. It is a burglary of a dwelling;
  2. The objective of the burglary is the theft of a controlled substance, as defined in section 18-18-102 (5), lawfully kept within any building or occupied structure; or
  3. The objective of the burglary is the theft of one or more firearms or ammunition.

Have you been charged or arrested for a second-degree burglary felony in Colorado Springs or El Paso County?

First, you should know that second-degree burglary in Colorado is a crime with severe consequences, including heavy fines and incarceration. For the prosecutor to convict you, they will have to convince a jury that you entered the premise unlawfully and intended to commit a crime upon entering. A criminal burglary charge requires a jury to find you guilty beyond a reasonable doubt. There are many possible defenses to this charge, including whether you were authorized to enter the structure or intended to commit a crime. Still, to defend yourself against a burglary charge, you must understand how the law applies and what the District Attorney in El Paso County must prove to indict you.

Don’t let one wrong decision impact your life, job or freedom.

Call today for a free case evaluation.

Colorado criminal procedure

  • Arrest or
    Summons
    01

    Arrest or
    Summons

    The process begins with either an arrest or a summons. The accused is either arrested or served with paperwork summoning them to appear in court. During an arrest, Miranda rights may or may not be read to you. Officers are only required to recite your rights if they intend to question you about potentially incriminating things.

  • Bond Hearing
    02

    Bond Hearing

    In most cases, you're entitled to have a reasonable bond set after you've been arrested. In situations involving domestic violence, the police will request input from the victim before setting a bond. Bonds are set to ensure that a person appears in court at their court dates. If they don’t show up, they forfeit the money that was paid for the bond.

  • Advisement of
    Charges
    03

    Advisement of
    Charges

    Whether you are arrested or given a summons to appear, the court must make sure you understand what crimes you are being accused of committing. This is called advisement of charges. The District Attorney will detail the specific charges against you, and the Judge has to make sure you understand what possible penalties are associated with that charge in the state.

  • Preliminary Hearing
    (for Higher Felony
    Charges)
    04

    Preliminary Hearing
    (for Higher Felony
    Charges)

    A preliminary hearing is a way for your defense attorney to challenge the District Attorney’s right to bring charges against you by making them prove that there is reason to believe you committed a crime. The Judge is not deciding your guilt or innocence, but rather whether or not there is probable cause to charge you with the crime in question.

  • Pretrial Conference /
    Disposition
    Hearing
    05

    Pretrial Conference /
    Disposition
    Hearing

    This court date comes after your attorney has reviewed all of the reports and evidence in your case. Here’s where your attorney will engage in plea negotiations with the DA. If they can reach an agreement on the case, you may be able to take a plea bargain. If they cannot reach a resolution, your case will be set for an arraignment or trial date.

  • Arraignment
    06

    Arraignment

    An arraignment is the final date for you to decide how you choose to plea. Guilty or not guilty. If you plead guilty, then the case is set for a sentencing date. If you plead not guilty, you and your attorney will then set the case for trial.

  • Motions Hearing
    07

    Motions Hearing

    A motion hearing is when an attorney makes a request that requires a decision from the judge. For example, motions to suppress evidence or statements. These motions can limit the information that goes before a jury if it benefits your case, and there are legal grounds for doing so.

  • Pretrial Readiness
    Conference
    08

    Pretrial Readiness
    Conference

    A pretrial readiness conference is held at some point before trial. It usually is held about a week to a month before the date trial is set to begin. This court date ensures everyone is ready to go to trial on the set date. It is also a time for lawyers to bring up any issues they may have to be addressed before the day of trial.

  • Jury Trial
    09

    Jury Trial

    After a jury is selected for trial, the District Attorney’s responsibility is to present the case to the jury. The DA must prove beyond a reasonable doubt that you are guilty of the crime. Otherwise, the jury must find you innocent. Your attorney will be able to cross-examine all of the witnesses, present evidence, and ultimately help you navigate this process.

  • Sentencing
    Date
    10

    Sentencing
    Date

    At sentencing, the Judge must decide the appropriate legal penalty for the crime you plead guilty. The Judge’s decision is based on the listed penalties for the specific charge, recommendations from the presentence investigation, your criminal history, as well as statements made at the sentencing by the District Attorney, your attorney, you, and any named victims of the crime.

Frequently Asked Questions

Is second-degree burglary a felony in Colorado?

Yes, a second-degree burglary can be charged as either Class 3 or a Class 4 felony. For a Class 3 felony criminal charge, the defendant would have had to enter a dwelling unlawfully, and/or they would have unlawfully entered with the intent to steal a controlled substance.

How much jail time could I serve for second-degree burglary in Colorado?

The amount of jail time for burglary in the second degree in Colorado depends on whether the burglary is charged as a Class 3 or Class 4 felony.

A Class 3 felony carries a penalty of up to 12 years in prison and $750,000 in fines, while a Class 4 felony carries a penalty of up to six years in prison and $500,000 in fines.

What is the statute of limitations on burglary crimes in Colorado?

For petty offense burglaries, the statute of limitations is six months. Misdemeanor charges have a statute of limitation set at 18 months and felony crimes are set  at three years.