Facing Burglary in Colorado? What Are Your Legal Options?

Burglary in Colorado is far more complex than simply "breaking and entering." It's a serious felony offense that carries significant penalties, including lengthy prison sentences, substantial fines, and lasting repercussions on one's life. If you or someone you know is facing burglary charges in Colorado, understanding the nuances of the law is critical. This article aims to demystify Colorado's burglary statutes, providing actionable insights into what these charges entail, potential defenses, and the crucial steps you should take if accused.

What Constitutes Burglary in Colorado? The Legal Definitions

Colorado law categorizes burglary into three distinct degrees, each with specific elements that determine the severity of the charge. The core concept revolves around unlawfully entering or remaining in a structure or dwelling with the intent to commit another crime inside.

First Degree Burglary (C.R.S. § 18-4-202)

This is the most severe form of burglary in Colorado. A person commits first degree burglary if they:

• 🚪 Unlawfully enter or remain in a dwelling (a place where someone lives, even if temporarily unoccupied); AND
• 🚨 Intend to commit a crime (other than theft) therein; OR intend to commit theft therein; AND
• 🔪 Assault or menace any person; OR are armed with explosives or a deadly weapon (even if not used); OR use a deadly weapon or possess and threaten the use of a deadly weapon.

First degree burglary is a Class 3 felony, carrying the most severe penalties. The presence of a deadly weapon or the act of assaulting or menacing someone elevates the charge significantly.

Second Degree Burglary (C.R.S. § 18-4-203)

Second degree burglary applies when the unlawful entry or remaining occurs in a broader range of structures, not necessarily a dwelling. A person commits second degree burglary if they:

• 🏢 Unlawfully enter or remain in a building or occupied structure (which includes any place where property is kept, not just a home); AND
• 💰 Intend to commit a crime therein (any felony or misdemeanor, including theft).

The severity of second degree burglary depends on the nature of the structure and the intended crime:

• 🏠 If the burglary is of a dwelling (even if not occupied at the time of entry) or if the intended crime is a felony, it is a Class 3 felony.
• 🏪 If the burglary is of a vault, safe, or cash register, it is a Class 4 felony.
• 🛒 In all other cases (e.g., non-dwelling structure, intent to commit a misdemeanor or petty offense), it is a Class 4 felony. However, if the intended crime is theft of property valued at less than $2,000, or a misdemeanor, it could be a Class 5 felony or Class 6 felony respectively.

It's crucial to note the distinction: a "dwelling" for first-degree burglary implies a place where people live. For second-degree, it can be any "occupied structure" which is a broader term encompassing businesses, offices, etc.

Third Degree Burglary (C.R.S. § 18-4-204)

Third degree burglary is generally less severe than first or second degree, but still a serious felony. It applies specifically to vending machines, safes, and money depositories. A person commits third degree burglary if they:

• vending machine 💰 With intent to commit a crime (usually theft); AND
• 🔑 Break into or enter any vault, safe, cash register, coin box, or other apparatus or equipment which is designed for the safe keeping of property or any vending machine or machine dispensing goods or services.

This is typically a Class 5 felony.

Penalties and Consequences for Burglary in Colorado

The penalties for burglary convictions in Colorado are severe and can dramatically alter a person's life. Because burglary is almost always a felony, a conviction means more than just jail time; it comes with a host of collateral consequences.

Typical Sentencing Ranges (Felony Classifications)

Colorado's felony sentencing guidelines provide ranges for prison time and fines:

• ⚖️ Class 3 Felony (e.g., First Degree Burglary, Second Degree Burglary of a dwelling or with intent to commit a felony):
  • Prison: 4 to 12 years (up to 24 years if aggravating factors are present).
  • Fines: $3,000 to $750,000.
  • Mandatory parole: 3 years.
• ⚖️ Class 4 Felony (e.g., Second Degree Burglary of a vault/safe/cash register, or non-dwelling structure):
  • Prison: 2 to 6 years (up to 12 years if aggravating factors are present).
  • Fines: $2,000 to $500,000.
  • Mandatory parole: 3 years.
• ⚖️ Class 5 Felony (e.g., Third Degree Burglary, Second Degree Burglary with intent to commit misdemeanor theft of less than $2,000):
  • Prison: 1 to 3 years (up to 6 years if aggravating factors are present).
  • Fines: $1,000 to $100,000.
  • Mandatory parole: 2 years.
• ⚖️ Class 6 Felony (e.g., Second Degree Burglary with intent to commit a misdemeanor or petty offense):
  • Prison: 1 year to 18 months (up to 3 years if aggravating factors are present).
  • Fines: $1,000 to $100,000.
  • Mandatory parole: 1 year.

These ranges are for presumptive sentences. Various factors, such as prior criminal history, the specific circumstances of the crime, and the presence of aggravating or mitigating factors, can influence the final sentence. Aggravating factors can significantly increase the minimum and maximum possible prison sentences.

Collateral Consequences of a Felony Burglary Conviction

Beyond direct incarceration and fines, a felony burglary conviction casts a long shadow:

• 💼 Employment: Difficulty finding and retaining employment, especially in positions requiring trust or handling finances. Many professional licenses may be revoked or denied.
• 🏠 Housing: Challenges securing rental housing, as landlords often conduct background checks.
• 🔫 Firearms: Loss of the right to own or possess firearms.
• 🗳️ Civic Rights: Potential loss of voting rights while incarcerated or on parole.
• 📜 Public Benefits: Ineligibility for certain public assistance programs.
• 🌎 Travel: Restrictions on international travel to some countries.
• ⚖️ Reputation: Significant damage to personal and professional reputation.

Hypothetical Cases to Illustrate Burglary in Colorado

Understanding the law often comes easier with real-world examples. Here are a few typical scenarios based on Colorado's legal principles:

1. Scenario 1: First Degree Burglary

   Case: David, a disgruntled former employee, decides to get revenge on his ex-boss. Late one night, knowing his ex-boss's family is home, David breaks into their house through a window, carrying a crowbar. His intent is to vandalize property and leave a threatening note. When confronted by the homeowner, David raises the crowbar in a menacing fashion before fleeing.
   Legal Outcome: David would likely be charged with First Degree Burglary. He unlawfully entered a dwelling, intended to commit a crime (vandalism/menacing), and was armed with a deadly weapon (crowbar used in a menacing way). This is a Class 3 felony.

2. Scenario 2: Second Degree Burglary (Dwelling)

   Case: Emily is struggling financially. She sees a "For Sale" sign on a vacant house and confirms it's unoccupied. Believing she won't be caught, she forces a back door open, intending to steal copper piping and any valuables left inside to sell for cash. She enters, but a neighbor spots her and calls the police.
   Legal Outcome: Emily would likely face Second Degree Burglary. She unlawfully entered a dwelling (even if vacant), with the intent to commit theft (a felony). Because it's a dwelling and intent to commit a felony, this is a Class 3 felony, similar to first degree but without the aggravating factors of being armed or menacing someone inside.

3. Scenario 3: Second Degree Burglary (Non-Dwelling)

   Case: Frank, after a night of heavy drinking, decides to break into a closed convenience store to steal beer. He smashes a window, enters the store, and grabs several cases of beer. He is apprehended by police as he exits the store.
   Legal Outcome: Frank would likely be charged with Second Degree Burglary. He unlawfully entered a building (an occupied structure), with the intent to commit theft (a misdemeanor, if the value of the beer is low, or a felony if high value). Assuming the beer value is less than $2,000, this could be a Class 5 or Class 6 felony, depending on the specific value and facts. If the intended theft was a felony, it would be a Class 4 felony.

4. Scenario 4: Third Degree Burglary

   Case: Grace uses a pry tool to force open a coin box on a public washing machine in a laundromat, stealing the quarters inside. She does not enter the laundromat unlawfully, only tampers with the machine itself.
   Legal Outcome: Grace would likely be charged with Third Degree Burglary. She broke into an apparatus designed for safekeeping property (the coin box) with the intent to commit theft. This is typically a Class 5 felony.

Common Defenses Against Burglary Charges in Colorado

A strong defense is paramount when facing burglary allegations. An experienced criminal defense attorney can explore various strategies based on the specifics of your case:

• 🚫 Lack of Intent: The prosecution must prove you intended to commit a crime when you entered or remained unlawfully. If you entered for an innocent purpose, or the intent was formed after lawful entry, this could be a defense.
• 🤝 Consent/Permission: If you had permission from the owner or an authorized person to enter the property, even if that permission was later revoked or misunderstood, it negates the "unlawful entry" element.
• ❓ Mistake of Fact: You genuinely believed the property was yours, or you had the right to be there (e.g., mistakenly entering the wrong apartment door that looked identical to yours).
• 🕵️ False Accusation/Mistaken Identity: You were wrongly identified as the perpetrator, or someone falsely accused you.
• ⛓️ Duress: You were forced to commit the act under threat of immediate harm to yourself or another person.
• 🚨 Alibi: You can provide verifiable proof that you were elsewhere when the burglary occurred.
• 🔍 Insufficient Evidence: The prosecution simply doesn't have enough credible evidence to prove every element of the crime beyond a reasonable doubt.

Steps to Take if Accused of Burglary in Colorado

The immediate aftermath of being accused or arrested for burglary is a critical period. Your actions during this time can significantly impact the outcome of your case.

1. 🗣️ Remain Silent: Do not discuss your case with police, investigators, or anyone other than your attorney. Anything you say can and will be used against you. Politely state that you wish to speak with an attorney.
2. ⚖️ Contact an Attorney IMMEDIATELY: This is the single most important step. A Colorado criminal defense attorney specializing in burglary cases can protect your rights, advise you on how to proceed, and begin building your defense.
3. 🚫 Do Not Resist Arrest: Even if you believe the arrest is unlawful, resisting can lead to additional charges. Cooperate physically, but not verbally (refer to step 1).
4. 📸 Document Everything: If you can safely and legally do so, document any injuries, the condition of the arrest scene, or anything else you believe is relevant. Share this information only with your attorney.
5. 🛑 Do Not Destroy or Tamper with Evidence: This can lead to additional felony charges and severely damage your defense.

Practical Legal Advice and Legal Warnings

Navigating the criminal justice system is daunting. Here's crucial advice and warnings for anyone facing burglary charges:

• 🤝 Legal Representation is Non-Negotiable: Do not attempt to represent yourself or go through this process without experienced legal counsel. The stakes are too high.
• 📈 Plea Bargains are Common, but Evaluate Carefully: Your attorney will review any plea offers from the prosecution. While a plea might reduce charges or sentences, it's crucial to understand the long-term implications of any conviction.
• ⏰ Time is of the Essence: Evidence can disappear, witnesses' memories can fade, and critical deadlines approach quickly. Engaging an attorney early allows for a thorough investigation and a proactive defense strategy.
• 🚨 Aggravating Factors Increase Severity: Be aware that factors like prior convictions, the use of a weapon, causing injury, or targeting vulnerable individuals will significantly worsen potential penalties.
• 👮 Police Are Not Your Friends: Officers may seem friendly or sympathetic, but their primary goal is to gather evidence against you. Do not fall for tactics designed to elicit confessions or incriminating statements.

Restitution and Victim Compensation in Burglary Cases

While this article primarily focuses on the accused, it's important to understand that victims of burglary in Colorado have rights and avenues for compensation. As part of a criminal sentence, a defendant found guilty of burglary will almost certainly be ordered to pay restitution to the victim.

• 💰 Restitution: This typically covers the financial losses incurred by the victim due to the burglary, including the value of stolen or damaged property, medical expenses if injuries occurred, and other related costs. In Colorado, restitution is mandatory unless the court finds good cause not to order it. The amounts can range from hundreds to tens of thousands of dollars, depending on the extent of the damage and theft.
• 🏛️ Victim Compensation Programs: Colorado also has victim compensation programs (e.g., through the Colorado Crime Victim Compensation Fund) that can help victims cover financial losses not covered by insurance or restitution.
• ⚖️ Civil Lawsuits: Victims can also pursue civil lawsuits against the perpetrator for damages, seeking compensation beyond what criminal restitution might cover.

For the defendant, failing to pay ordered restitution can lead to additional legal consequences, including probation violations or extended legal obligations.

Key Deadlines and Legal Process

While specific dates vary by case and jurisdiction, understanding the general flow of a criminal case is helpful:

1. 📅 Arrest & Advisement: After arrest, you'll be brought before a judge for advisement of rights and bond setting, usually within 24-72 hours.
2. 📅 Filing of Charges: The prosecutor will formally file charges.
3. 📅 Arraignment: You will formally enter a plea (guilty, not guilty, or nolo contendere).
4. 📅 Discovery: Both sides exchange evidence. Your attorney will analyze the prosecution's case.
5. 📅 Motions Hearings: Your attorney may file motions (e.g., to suppress evidence).
6. 📅 Plea Bargaining: Negotiations with the prosecution for a potential resolution.
7. 📅 Trial: If no plea is reached, the case proceeds to trial.
8. 📅 Sentencing: If convicted, the court will impose a sentence.

Each stage has its own deadlines, and missing them can have severe repercussions. An attorney ensures all deadlines are met and your rights are protected throughout this complex process.

Disclaimer: This article provides general information about Colorado burglary law and is not intended as legal advice. The information is for educational purposes only and should not be relied upon as a substitute for consulting with a qualified attorney. Legal outcomes depend on specific facts and circumstances. If you are facing criminal charges, you should seek immediate legal counsel from a licensed attorney in your jurisdiction.