Colorado Lawyer Defending Against Felony Charges
Burglary is another those offenses considered a violent crime. A prior conviction for Burglary has severe sentencing implications. Possible sentencing enhancements can be imposed under certain conditions.
There are 4 different categories of Burglary: 1) First Degree Burglary C.R.S. 18-4-202
2) Second Degree Burglary C.R.S. 18-4-203
3) Third Degree Burglary C.R.S. 18-4-204
4) Possession of Burglary tools C.R.S. 18-4-205
First Degree Burglary
Class 3 felony
Possible sentence: 4 -12 years in prison with a mandatory parole term of 5 years following release.
A person can be charged with First Degree Burglary if any of the following applies:
A person knowingly enters unlawfully, or remains unlawfully after a lawful or unlawful entry, in a building or occupied structure with the intent to commit a crime (other than trespass) 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, or the person or another participant is armed with explosives or a deadly weapon.
Class 2 felony
Possible sentence: 8 -24 years in prison with a mandatory parole term of 5 years following release.
A person can be charged with the Class 2 felony of First Degree Burglary if any of the following applies:
The person commits the offense of Burglary and the property involved is a controlled substance within a pharmacy or other place having lawful possession thereof.
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Second Degree Burglary
Class 4 felony
Possible sentence: 2 - 6 years in prison with a mandatory parole term of 3 years following release.
A person can be charged with Burglary if any of the following applies:
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 the intent to commit a crime against another person or property.
Class 3 felony
Possible sentence: 4 -12 years in prison with a mandatory parole term of 5 years following release.
A person can be charged with Class 3 felony Burglary if any of the following applies:
1) the burglary is of a dwelling; or,
2) the objective of the theft is a controlled substance lawfully kept within any building or occupied structure.
Third Degree Burglary
Class 5 felony
Possible sentence: 1 - 3 years in prison with a mandatory parole term of 2 years following release.
A person can be charged with Third Degree Burglary if any of the following applies:
A person, with the intent to commit a crime, 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.
Class 4 felony
Possible sentence: 2 - 6 years in prison with a mandatory parole term of 3 years following release.
A person can be charged with Class 4 felony Third Degree Burglary if any of the following applies:
The object of the theft is a controlled substance lawfully kept in or upon the property burglarized.
Possession of Burglary Tools
Class 5 felony
Possible sentence: 1 - 3 years in prison with a mandatory parole term of 2 years following release.
A person can be charged with Possession of Burglary tools if any of the following applies:
A person 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.
