Colorado Burglary Defense Lawyers

In Col­orado, bur­glary encom­passes a vari­ety of sit­u­a­tions in which a per­son tres­passes onto another’s prop­erty with the intent to com­mit a crime other than the tres­pass itself.

First Degree Bur­glary, Colo. Rev. Stat. § 18–4-202

Three gen­eral ele­ments must be proven in order to con­vict a per­son of first degree bur­glary: (1) he or she unlaw­fully enters or remains in a build­ing or occu­pied struc­ture; (2) he or she intends to com­mit a crime other than tres­pass; and (3) he or she either assaults a per­son, men­aces a per­son, is armed with explo­sives, or is armed with a deadly weapon.

First degree bur­glary is a vio­lent crime that presents an extra­or­di­nary risk to soci­ety, and as such, car­ries sig­nif­i­cant manda­tory sen­tenc­ing enhance­ments. Gen­er­ally, first degree bur­glary is a class 3 felony that car­ries a min­i­mum sen­tence of ten years of impris­on­ment and a max­i­mum sen­tence of thirty-two years. How­ever, if a first degree bur­glary involves a con­trolled sub­stance within a phar­macy or other place hav­ing law­ful pos­ses­sion of it, the bur­glary is a class 2 felony that car­ries a min­i­mum sen­tence of six­teen years of impris­on­ment and a max­i­mum sen­tence of forty-eight years.

Sec­ond Degree Bur­glary, Colo. Rev. Stat. § 18–4-203

A per­son com­mits sec­ond degree bur­glary if he or she unlaw­fully breaks an entrance into, enters, or remains in a build­ing or occu­pied struc­ture with the intent to com­mit a crime therein.

Sec­ond degree bur­glary is gen­er­ally a class 4 felony that car­ries a pre­sump­tive min­i­mum sen­tence of two years of impris­on­ment and a pre­sump­tive max­i­mum sen­tence of six years. Under extra­or­di­nary aggra­vat­ing cir­cum­stances, a court may impose a sen­tence of more than six years, and under extra­or­di­nary mit­i­gat­ing cir­cum­stances, a court may impose a sen­tence of less than two years.

A sec­ond degree bur­glary of a dwelling or a sec­ond degree bur­glary of a con­trolled sub­stance from a build­ing where it is law­fully kept is a class 3 felony that car­ries a pre­sump­tive min­i­mum sen­tence of four years of impris­on­ment and a pre­sump­tive max­i­mum sen­tence of twelve years. Under extra­or­di­nary aggra­vat­ing cir­cum­stances, a court may impose a sen­tence of more than twelve years, and under extra­or­di­nary mit­i­gat­ing cir­cum­stances, a court may impose a sen­tence of less than four years.

Third Degree Bur­glary, Colo. Rev. Stat. § 18–4-204

A per­son com­mits third degree bur­glary if, with the intent to com­mit a crime, he or she enters or breaks into any vault, safe, cash reg­is­ter, coin vend­ing machine, prod­uct dis­penser, money depos­i­tory, safety deposit box, coin tele­phone, coin box, or other appa­ra­tus or equip­ment whether or not coin operated.

Third degree bur­glary is gen­er­ally a class 5 felony that car­ries a pre­sump­tive min­i­mum sen­tence of one year of impris­on­ment and a pre­sump­tive max­i­mum sen­tence of three years. Under extra­or­di­nary aggra­vat­ing cir­cum­stances, a court may impose a sen­tence of more than three years, and under extra­or­di­nary mit­i­gat­ing cir­cum­stances, a court may impose a sen­tence of less than one year.

How­ever, if the object of the third degree bur­glary is to steal a con­trolled sub­stance from where it is law­fully kept, then it is a class 4 felony that car­ries a pre­sump­tive min­i­mum sen­tence of two years of impris­on­ment and a pre­sump­tive max­i­mum sen­tence of six years. Under extra­or­di­nary aggra­vat­ing cir­cum­stances, a court may impose a sen­tence of more than six years, and under extra­or­di­nary mit­i­gat­ing cir­cum­stances, a court may impose a sen­tence of less than two years.