Burglary is one of those charges that people think they understand until they or someone they love is actually facing it. The word conjures images of a masked intruder breaking into a home in the middle of the night, but Colorado’s Burglary statutes are broader and more nuanced than that mental picture suggests. A person can face Burglary charges without breaking anything, without stealing anything, and sometimes without even completing the act they intended.
As criminal defense attorneys serving Fort Collins and all of Larimer County, we regularly field questions from clients and their families who are stunned to learn what Burglary actually means under Colorado law. Here are the questions I hear most often and the answers that matter.
FAQ #1: What exactly is Burglary under Colorado law?
Colorado defines Burglary not around breaking and entering, but around unlawful presence combined with criminal intent. Under C.R.S. § 18-4-202 and § 18-4-203, Burglary occurs when a person knowingly enters or remains unlawfully in a building or occupied structure with the intent to commit a crime (any crime) inside.
Notice what that definition does not require: there is no requirement that a door or window be broken, no requirement that anything actually be stolen, and no requirement that the intended crime be completed. The charge is complete the moment an unlawful entry occurs with criminal intent, even if the person turns around and walks out empty-handed.
FAQ #2: Can I be charged with Burglary if I didn’t steal anything?
Yes and this surprises more clients than almost any other aspect of Burglary law. Because Burglary is defined by intent at the time of entry, the actual completion of a Theft or other crime inside the premises is irrelevant to the charge. If the prosecution can establish that you entered unlawfully and intended to commit a crime once inside, the Burglary charge stands regardless of what happened (or didn’t happen) afterward.
This also means that Burglary and Theft are separate charges. A person who breaks into a home and steals a television can be charged with both Burglary and Theft simultaneously, even though the Theft is what they were there to do.
FAQ #3: What does “unlawful entry” mean? What if the door was open?
“Unlawful entry” under Colorado law means entering or remaining in a place without license, invitation, or legal privilege to do so. An open door does not automatically mean lawful entry. A person who walks through an unlocked or open door without permission, and with criminal intent, has still entered unlawfully under the statute.
FAQ #4: Is “breaking and entering” a separate charge in Colorado?
No. Colorado does not have a standalone breaking and entering statute. What many people call “breaking and entering” is charged under Colorado’s Burglary statutes. If no criminal intent to commit an additional crime can be established, prosecutors may instead pursue charges of Criminal Trespass under C.R.S. § 18-4-502 through § 18-4-504, which carries lesser penalties but is still a serious charge at the felony level when a dwelling is involved.
FAQ #5: What are the penalties for Burglary in Larimer County?
Burglary penalties in Colorado follow the state felony sentencing framework, with significant variation depending on the degree charged and the circumstances involved:
- Second Degree Burglary (non-dwelling) — Class 4 felony: presumptive 2 to 6 years in prison, fines of $2,000 to $500,000, plus 3 years mandatory parole
- Second Degree Burglary (dwelling) — Class 3 felony: presumptive 4 to 12 years in prison, plus 5 years mandatory parole
- First Degree Burglary — Class 3 felony and crime of violence: mandatory prison sentence with no possibility of probation alone; enhanced sentencing when a deadly weapon is involved
Beyond prison time and fines, a Burglary conviction carries the full weight of a felony record affecting employment, housing, professional licensing, and firearm possession for years or decades after release.
Charged with Burglary in Larimer County? The Time to Act Is Now
Burglary is one of the more seriously prosecuted property crimes in Fort Collins and throughout Larimer County. Prosecutors pursue these cases aggressively, particularly when a dwelling is involved. If you or someone you love is facing a Burglary charge or is under investigation and hasn’t been charged yet, the single most important thing you can do is speak with an experienced criminal defense attorney before making any statements to law enforcement. What you say in the hours and days after an arrest can dramatically affect the outcome of your case. What your attorney does in those same hours can too.
Our office represents clients charged with Burglary, Theft, Trespass, and related offenses throughout Fort Collins, Loveland, Berthoud, Estes Park, and all of Larimer County. Call O’Malley Law Office for a free consultation at 970-658-0007. Together, we can protect your future.
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