If you’ve been charged with Burglary of a home (also known as residential Burglary) in Larimer County, you’re facing a very serious criminal accusation. Burglary of a dwelling is a felony offense under Colorado law. One that can lead to years in prison and a permanent criminal record that affects employment, housing, and even your right to vote or possess a firearm.
But not every Burglary case is what it seems. Many people are accused of Burglary after misunderstandings, disputes, or mistaken identity. Understanding what Colorado law actually says about Burglary and how a local defense attorney can help is critical to protecting your rights and future.
At O’Malley Law Office, we defend clients throughout Fort Collins, Loveland, Estes Park, Wellington, Berthoud, and across Larimer County who have been accused of Burglary or other property crimes. Here’s what you should know if you’re facing these charges.
Fort Collins Burglary Attorney: What Is Burglary in Colorado?
Under Colorado Revised Statutes (C.R.S.) §§ 18-4-202 to 18-4-204, Burglary occurs when someone unlawfully enters or remains in a building, structure, or occupied dwelling with the intent to commit another crime inside (such as theft, assault, or property damage).
It’s not enough for prosecutors to prove that you entered a home without permission. They must also prove that you intended to commit a crime once inside.
Colorado divides Burglary into three degrees, with the most serious being First Degree Burglary, often charged when a home or weapon is involved.
Loveland Burglary Defense Lawyer: First Degree Burglary (C.R.S. § 18-4-202)
First Degree Burglary is the most serious Burglary charge in Colorado. It applies when a person:
- Unlawfully enters or remains in a building or occupied dwelling, and
- Intends to commit a crime inside, and
- While entering, inside, or during flight, they assault or threaten someone or are armed with a deadly weapon.
Penalties for First Degree Burglary
- Class 3 Felony
- 4 to 12 years in prison (and up to 24 years if designated a “Crime of Violence”)
- Fines of $3,000 to $750,000
- Mandatory parole and a permanent felony record
If the alleged Burglary involved a home or dwelling in Larimer County, whether in Fort Collins, Loveland, or rural areas, prosecutors typically pursue this charge aggressively.
Attorney for Burglary Charges in Estes Park: Second Degree Burglary (C.R.S. § 18-4-203)
Second Degree Burglary occurs when someone unlawfully enters or remains in a building with the intent to commit a crime (usually Theft or Assault).
If the building is a dwelling (someone’s home), the offense becomes much more serious.
Penalties for Second Degree Burglary
- Class 3 Felony if the building is a dwelling (residence)
- Class 4 Felony if it’s a commercial or non-residential building
A conviction can mean:
- Up to 12 years in prison (for Burglary of a dwelling)
- Fines up to $750,000
- Mandatory parole
Even entering an attached garage or a home you once lived in can lead to Burglary charges if prosecutors believe you no longer had permission to enter.
Larimer County Criminal Defense Attorney: Third Degree Burglary (C.R.S. § 18-4-204)
Third Degree Burglary typically applies to breaking into items like safes, vaults, or locked containers, rather than homes. However, it’s sometimes filed in conjunction with other Burglary or theft charges.
Burglary vs. Trespassing: The Key Difference
Many people accused of Burglary in Larimer County are surprised to learn that nothing needs to be stolen for prosecutors to file the charge.
The key difference between Burglary and Criminal Trespass is intent:
- Trespass means entering or staying on someone’s property without permission.
- Burglary means entering or staying on the property with the intent to commit another crime inside.
If prosecutors can’t prove intent beyond a reasonable doubt, your charge could be reduced to Trespassing.
Why You Need a Larimer County Burglary Defense Lawyer
Burglary of a home is a felony crime that can change your life forever if convicted. You could face years in the Larimer County Jail or Colorado Department of Corrections, along with a permanent criminal record that limits your job opportunities and future housing options.
At O’Malley Law Office, we’ve successfully defended clients in Larimer County District Court in Fort Collins and throughout Northern Colorado. We know the local judges, prosecutors, and court procedures and we fight hard to get charges reduced, dismissed, or resolved in ways that protect your record and your future.
We handle cases throughout:
- Fort Collins
- Loveland
- Estes Park
- Wellington
- Berthoud
and surrounding Larimer County communities.