Burglary charges are among the most serious property crimes prosecuted in Larimer County, and Colorado law divides the offense into three distinct degrees, each carrying its own elements and penalty range. As Fort Collins criminal defense lawyers, we regularly represent clients facing Burglary charges throughout Larimer County, including Fort Collins, Loveland, and Wellington. Here’s how the three degrees break down.
Fort Collins First Degree Burglary Lawyer: What is 1st Degree Burglary C.R.S. § 18-4-202?
First Degree Burglary is the most severe of the three. It applies when someone unlawfully enters or remains in a building or occupied structure intending to commit a crime inside, and during the entry, while inside, or during immediate flight, that person or an accomplice Assaults or Menaces someone, is armed with explosives, or uses or threatens a deadly weapon. The presence of violence or a weapon is what separates this charge from the lower degrees. Firs Degree Burglary is generally charged as a class 3 felony, and cases involving controlled substances taken from a pharmacy can be charged even more severely.
Attorney for Second Degree Burglary Charges in Loveland: What is 2nd Degree Burglary C.R.S. § 18-4-203?
Second Degree Burglary covers unlawful entry into a building or occupied structure with intent to commit a crime against a person or property, without the violence or weapons element required for First Degree. Its classification varies based on the type of property and objective involved:
- Class 3 felony if the Burglary involves a dwelling, or the goal is stealing a controlled substance or firearms/ammunition.
- Class 4 felony if the Burglary involves an occupied structure or a commercial business building.
- Class 5 felony for burglaries of other buildings not falling into the above listed categories.
- Class 2 misdemeanor in the narrower circumstance of knowingly violating a retail no trespass order.
What is Third Degree Burglary C.R.S. § 18-4-204 in Wellington and Estes Park?
Third Degree Burglary is narrower in scope, applying to entering or breaking into a vault, safe, cash register, coin machine, or similar secured container with intent to commit Theft. It’s typically charged as a class 2 misdemeanor, though it can be elevated if the target is a controlled substance.
Facing a Burglary Charge in Larimer County? Call O’Malley Law Office!
Because the degree charged depends heavily on the specific facts alleged like what was entered, what was taken or intended, and whether a weapon was involved, it’s important to understand exactly what the prosecution must prove. If you’re facing a Burglary charge in Larimer County, speaking with a local criminal defense attorney early in the process can help you understand what’s ahead.
If you’ve been charged with Burglary, be smart, exercise your right to remain silent, and contact the best criminal defense lawyers from the O’Malley Law Office at 970-658-0007 to schedule a free initial consultation. Together, we can protect your future.
Photo by Erik Mclean