Burglary is charged in Fort Collins and Larimer County when a person is accused of unlawfully entering a place to commit another crime. Usually, but not always, that secondary crime is Theft. Recently in Colorado, police are searching for Burglary suspects after a store was broken into. According to the report, law enforcement responded to a call about a Burglary and when they arrived it was apparent that the burglars used a stolen car to crash into the storefront. They then got away with an unknown about of stock, including firearms. If identified, the accused would likely be facing Burglary, Theft, Criminal Mischief, and Motor Vehicle Theft charges.
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How is Burglary Charged in Larimer County?
In Larimer County, Colorado, there are three degree of Burglary: First Degree Burglary, Second Degree Burglary, and Third Degree Burglary.
1st Degree Burglary – C.R.S. 18-4-202 – is charged when a person unlawfully enters a building with the intent to commit a crime and in the process of committing the other crime, any person is assaulted or menaced, or uses or threatens the use of a deadly weapon.
2nd Degree Burglary – C.R.S. 18-4-203 – is the most commonly charged degree of Burglary charged. It is charged when a person is accused of unlawfully entering a building with the intent to commit a crime.
3rd Degree Burglary – C.R.S. 18-4-204 – is charged when a person is accused of breaking into a vault, safe, cash register, coin vending machine, product dispenser, money depository, safety deposit box, coin telephone, coin box, or any similar device whether or not coin operated.
It’s likely for anyone involved in the situation above, the Second Degree Burglary charge would apply.
Loveland Penalty for Burglary Charges
Burglary is charged as follows in Loveland and Fort Collins:
First Degree Burglary is a class 3 felony. A class 3 felony is punishable by 4 to 12 years in the Colorado Department of Corrections.
Second Degree Burglary is a class 3 felony if:
- It is a burglary of a dwelling;
- The objective of the burglary is the theft of a controlled substance; or
- The objective of the burglary is the theft of firearms
If one of the above listed aggravators do not apply, then Second Degree Burglary is a class 5 felony. The penalty for a class 5 felony is 1 to 3 years in the Colorado Department of Corrections. 2nd Degree Burglary can also be charged as a class 2 misdemeanor if the person charged violated a written no trespass order from a store or court. The class 2 misdemeanor is punishable by up to 120 days in the Larimer County Jail.
Third Degree Burglary is a class 2 misdemeanor, however it can be charged as a class 1 misdemeanor if the objective of the theft is a controlled substance. The penalty for class 1 misdemeanor Burglary is up to 364 days in the Larimer County Jail.