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Burglary in Colorado

The attorneys at Rights & Liberties Law Firm are experienced buglarly attorneys in Colorado who defend people charged with burglary.
In Colorado, burglary can be charged as a misdemeanor or felony depending on a variety of factors including the mental state of the accused, the type of dwelling entered, the crime the accused intended to commit in the dwelling, whether the accused used a weapon during the commission of the burglary or threatened use of force, among other factors.
The Colorado Criminal Code divides burglary into three distinct offenses based on the severity of the burglary or degree. There are three degrees of burglary. First degree burglary carries the most serious penalties. Third degree burglary carries the least severe penalties.

First Degree Burglary

First Degree Burglary is defined in Colorado’s burglary statute C.R.S. Section 18-4-202. The Colorado burglary statute defines First Degree Burglary as follows:
C.R.S. Section 18-4-202, Colorado’s First Degree Burglary Statute
(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.

Second Degree Burglary

Second Degree Burglary is defined in Colorado’s burglary statute C.R.S. Section 18-4-203. The Colorado burglary statute defines Second Degree Burglary as follows:
C.R.S. Section 18-4-203, Colorado’s Second Degree Burglary Statute
(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)
(a) Second degree burglary is a class 4 felony if the burglary is of an occupied structure or of a building being used for the operation of a commercial business.
(b) Second degree burglary is a class 3 felony if:
(I) It is a burglary of a dwelling;
(II) 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
(III) The objective of the burglary is the theft of one or more firearms or ammunition.
(c) Second degree burglary is a class 2 misdemeanor if the person knowingly violated a written notice by a retailer or an order by a court of lawful jurisdiction specifically restraining a person from entering a particular retail location during hours which the retail store is open to the public.
(d) Second degree burglary is a class 5 felony if the burglary is of any other building not described in subsection (2)(a), (2)(b) or (2)(c) of this section.

Third Degree Burglary

Third Degree Burglary is defined in Colorado’s burglary statute C.R.S. Section 18-4-204. The Colorado burglary statute defines Third Degree Burglary as follows:
C.R.S. Section 18-4-204, Colorado’s Second Degree Burglary Statute
(1) A person commits third degree burglary if with intent to commit a crime he 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.
(2) Third degree burglary is a class 2 misdemeanor, but it is a class 1 misdemeanor if it is a burglary, the objective of which is the theft of a controlled substance, as defined in section 18-18-102(5), lawfully kept in or upon the property burglarized.

Possession of Burglary Tools

Possession of Burglary tools is defined in Colorado’s burglary tools statute C.R.S. Section 18-4-205. The Colorado burglary tools statute defines Possession of Burglary Tools as follows:
C.R.S. Section 18-4-205, Colorado’s Possession of Burglary Tools Statute
(1) A person commits possession of burglary tools if he possesses any explosive, tool, instrument, or other article adapted, designed, or commonly used for committing or facilitating the commission of an offense involving forcible entry into premises or theft by a physical taking, and intends to use the thing possessed, or knows that some person intends to use the thing possessed, in the commission of such an offense.
(2) Possession of burglary tools is a class 2 misdemeanor, but it is a class 5 felony if the burglary tools were knowingly possessed to facilitate a forcible entry into a residence for the purpose of a physical taking.

Possible Penalties for Burglary in Colorado

Burglary can be charged as a felony or misdemeanor depending on the alleged degree of the burglary. Regardless of the degree of burglary alleged, the possible penalties for a burglary charge are serious. They include possible fines, restitution, probation, jail, and prison followed by parole. Additionally, a burglary conviction can result in serious collateral consequences including employment consequences, child custody consequences, housing consequences, immigration consequences, and many other civil consequences that can flow from a burglary conviction.
Rights & Liberties Law Firm has assembled a possible penalties chart to help you better understand the possible penalties a person charged with burglary in Colorado will face.
Degree of Burglary

First Degree Burglary C.R.S. Section 18-4-202

Second Degree Burglary C.R.S. Section 18-4-203(2)(a) (Occupied structure/commercial building)
Second Degree Burglary C.R.S. Section 18-4-203(2)(b) (dwelling)
Second Degree Burglary C.R.S. Section 18-4-203(2)(c) (retail location after warning)
Second Degree Burglary C.R.S. Section 18-4-203(2)(d) (other building)
Third Degree Burglary C.R.S. Section 18-4-204
Third Degree Burglary C.R.S. Section 18-4-204 (theft controlled substance)
Possession of Burglary Tools C.R.S. Section 18-4-205
Possession of Burglary Tools C.R.S. Section 18-4-205 (possession for forcible entry)
Possible Penalties
Class 3 Felony
  • 4-12 years in Colorado State Prison followed by 3 years of mandatory parole; or
  • Probation; and/or
  • $3,000 – $750,000 fine;
  • Restitution
Class 4 Felony
  • 2-6 years in Colorado State Prison or Community Corrections followed by 3 years of mandatory parole; or
  • Probation; and/or
  • $2,000 – $500,000 fine;
  • Restitution
Class 3 Felony
  • 4-12 years in Colorado State Prison followed by 3 years of mandatory parole; or
  • Probation; and/or
  • $3,000 – $750,000 fine;
  • Restitution
Class 2 Misdemeanor
  • Up to 120 days in jail; or
  • Probation; and/or
  • $750 fine;
  • Restitution
Class 5 Felony
  • 1-3 years in Colorado State Prison or Community Corrections followed by 2 years of mandatory parole; or
  • Probation; and/or
  • $1,000 – $100,000 fine;
  • Restitution
Class 2 Misdemeanor
  • Up to 120 days in jail; or
  • Probation; and/or
  • $750 fine;
  • Restitution
Class 1 Misdemeanor
  • 364 days jail; or
  • Probation;
  • And up to a $1,000 fine;
  • Restitution
Class 2 Misdemeanor
  • Up to 120 days in jail; or
  • Probation; and/or
  • $750 fine;
  • Restitution
Class 5 Felony
  • 1-3 years in Colorado State Prison or Community Corrections followed by 2 years of mandatory parole; or
  • Probation; and/or
  • $1,000 – $100,000 fine;
  • Restitution
Degree of Burglary

First Degree Burglary C.R.S. Section 18-4-202
Second Degree Burglary C.R.S. Section 18-4-203(2)(a) (Occupied structure/commercial building)
Second Degree Burglary C.R.S. Section 18-4-203(2)(b) (dwelling)
Second Degree Burglary C.R.S. Section 18-4-203(2)(c) (retail location after warning)
Second Degree Burglary C.R.S. Section 18-4-203(2)(d) (other building)
Third Degree Burglary C.R.S. Section 18-4-204
Third Degree Burglary C.R.S. Section 18-4-204 (theft controlled substance)
Possession of Burglary Tools C.R.S. Section 18-4-205
Possession of Burglary Tools C.R.S. Section 18-4-205 (possession for forcible entry)
Possible Penalties
Class 3 Felony
  • 4-12 years in Colorado State Prison followed by 3 years of mandatory parole; or
  • Probation; and/or
  • $3,000 – $750,000 fine;
  • Restitution
Class 4 Felony
  • 2-6 years in Colorado State Prison or Community Corrections followed by 3 years of mandatory parole; or
  • Probation; and/or
  • $2,000 – $500,000 fine;
  • Restitution
Class 3 Felony
  • 4-12 years in Colorado State Prison followed by 3 years of mandatory parole; or
  • Probation; and/or
  • $3,000 – $750,000 fine;
  • Restitution
Class 2 Misdemeanor
  • Up to 120 days in jail; or
  • Probation; and/or
  • $750 fine;
  • Restitution
Class 5 Felony
  • 1-3 years in Colorado State Prison or Community Corrections followed by 2 years of mandatory parole; or
  • Probation; and/or
  • $1,000 – $100,000 fine;
  • Restitution
Class 2 Misdemeanor
  • Up to 120 days in jail; or
  • Probation; and/or
  • $750 fine;
  • Restitution
Class 1 Misdemeanor
  • 364 days jail; or
  • Probation;
  • And up to a $1,000 fine;
  • Restitution
Class 2 Misdemeanor
  • Up to 120 days in jail; or
  • Probation; and/or
  • $750 fine;
  • Restitution
Class 5 Felony
  • 1-3 years in Colorado State Prison or Community Corrections followed by 2 years of mandatory parole; or
  • Probation; and/or
  • $1,000 – $100,000 fine;
  • Restitution

Defenses to Burglary in Colorado

General Denial

The accused will be acquitted if the prosecution cannot prove every element of the burglary offense beyond a reasonable doubt. When the accused raises a general denial defense, the accused denies that the criminal elements of the burglary exist. General denial is related to the failure of proof defense. The failure of proof defense arises when the accused pokes holes in the prosecution’s case and argues that the prosecution failed to prove each and every element of the offense beyond a reasonable doubt.

Lesser Included Offense Defense

In certain circumstances, the accused can raise the defense of lesser included offense in a burglary case by arguing that the accused is not guilty of the more serious degree of burglary but only guilty of the lesser degree of burglary. For example, a person charged with a first burglary who raises the lesser included offense defense may contend that the first degree burglary was really a second degree burglary or trespass to dwelling. In some circumstances the accused may contend that the first degree burglary was so lacking in seriousness as to amount to a misdemeanor trespass. In lesser included offense defenses, the accused admits that the crime happened but challenges the severity and degree of the type of burglary alleged.

Lesser Non-Included Offense Defense

Lesser non-included offense defenses are somewhat novel. They often require litigation and favorable rulings from a judge before the jury can be instructed on a lesser non-included offense. The gist of a lesser non-included offense defense is that the accused admits that a crime happened but contends that the crime was not a burglary but rather some other type of crime. This defense can significantly reduce the accused’s exposure to serious felony consequences because some of the lesser non-included offenses that an accused may raise in a criminal burglary case are lower level misdemeanor or even petty offenses.

Mistaken Identity

Mistaken identity is a general denial defense that attacks the element of who committed the alleged burglary. As the prosecution is required not only to prove that the burglary happened, but that the person charged committed the burglary, the mistaken identity defense can be an effective way to challenge the prosecution on the element of who committed the crime. In the context of a burglary case, mistaken identify defenses usually arise when the accused is arrested and charged with burglary after the alleged burglary happened or when the accused is identified after a chaotic situation where eyewitness accounts are not trustworthy. Mistaken identity cases often involve witness misidentification issues, poor witness perception issues,  inaccurate, improper, or biased police identification procedures, grainy surveillance videos, and mistaken eyewitness accounts.

Alternate Suspect

The alternate suspect defense occasionally arises in burglary cases. When the accused raises the alternate suspect defense, he or she does so to cast doubt on the identity element of the burglary charges. In other words, the alternate suspect defense is used to cast doubt on the prosecution’s evidence that the accused committed the crime. By raising the alternate suspect defense, the accused casts doubt on the identity element of burglary by raising the possibility that another person committed the burglary rather than the accused. In Colorado burglary trials the admissibility of alternate suspect evidence will depend on “the strength of the connection between the alternate suspect and the charged crime. If there is a non-speculative connection or nexus between the alternate suspect and the crime charged, the evidence will be admissible.”
If the defense introduces “alternate suspect” evidence, the judge must “look to whether all the similar acts and circumstances, taken together, support a finding that the same person was probably involved in both the other act and the charged crime.” If the judge finds that the accused has presented evidence sufficient to support a finding that an alternate suspect committed the crime, the accused can have the jury consider this evidence in their deliberations. While the alternate suspect defense is seldom used in burglary cases, certain circumstances will give rise to the availability of this defense.

Statute of Limitations for Burglary in Colorado

In Colorado the statute of limitations for commencing criminal charges against a person is governed by C.R.S. Section 16-5-401. The statute of limitations for commencing criminal charges for Colorado burglary crimes is as follows:
  • First Degree Burglary charges must be filed within 3 years. C.R.S. 16-5-401(1)(a.5)
  • Second Degree Felony Burglary charges must be filed within 3 years. C.R.S. 16-5-401(1)(a.5)
  • Second and Third Degree Misdemeanor Burglary charges must be filed with 18 months. C.R.S. 16-5-401(1)(a.5)

Contact the experienced attorneys at Rights & Liberties Law Firm to Fight for You Today

If you’ve been charged with a burglary offense contact the attorneys at Rights & Liberties Law Firm to vindicate your rights and protect your liberties. If you’re facing criminal charges or fear you may be charged time is of the essence. Start Your Free Criminal Defense Case Quote. By retaining Rights & Liberties Law Firm you can rest assured that:
  1. The attorneys at Rights & Liberties Law Firm will use experienced investigators and experts to look into the case to get ahead of the police and prosecutors, whether there has already been an arrest or an investigation is on-going;
  2. The attorneys at Rights & Liberties Law Firm will advocate for you during your bond hearing to get you released from custody on the lowest possible amount of bail or on a personal recognizance bond;
  3. The attorneys at Rights & Liberties Law Firm will litigate all constitutional violations and fight to suppress any evidence illegally seized or obtained by police and investigators in violation of your rights;
  4. The attorneys at Rights & Liberties Law Firm are trial dogs. If you’re prepared to go all the way, so are we. We’ll take your case to the jury and fight with everything we’ve got to secure your acquittal.
  5. The attorneys at Rights & Liberties Law Firm are skilled negotiators. If you’ve made a mistake we will leave no stone unturned in presenting mitigation to contextualize your circumstances. We will obtain information and prepare a mitigation presentation or report to the prosecutor to present you in your best light and show the state and the judge that despite your mistakes you’re a dignified human being worthy of leniency and redemption. We will protect you from the overly punitive instincts of the criminal legal system and obtain the best plea bargain possible.
  6. If you’re up against the wall facing serious charges, jail, or prison time the attorneys at Rights & Liberties Law Firm have your back. From drug distribution and barfights to sex assaults and homicides the attorneys at Rights & Liberties Law Firm know that life gets wild and things fall apart. We’ll fight to keep your life together and advocate to ensure that you receive a non-prison sentence, or one which results in the lowest amount of prison time possible.
  7. If you’re wondering why we do this work, we’re in it because we care. At Rights & Liberties Law Firm we believe that no individual’s crime holds a candle to the injustices meted out by our unusually cruel overly punitive criminal legal system. At Rights & Liberties Law Firm we fight for people whose talents, dreams, and lives have been put on hold by a criminal accusation. Let us fight for you.
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  • (303) 409-7556
  • cameron@rightsandlibertieslawfirm.com
  • 2840 Fairfax Street Denver, CO 80207 Suite 214
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