In Fort Collins and Loveland, Burglary is charged when someone is accused of illegally entering a place with the intent to commit another crime. The most common charge for Burglary cases that we see in Larimer County is Second Degree Burglary. When charged with 2nd Degree Burglary, if certain aggravating factors apply, it will be charged as a class 3 felony – the same charging level as 1st Degree Burglary. Let’s take a closer look at this statute and the aggravating factors.
Larimer County Second Degree Burglary Lawyer: How is Burglary Charged in Colorado?
The Larimer County, Colorado law definition of Second Degree Burglary – C.R.S. 18-4-203 – is:
At face value, 2nd Degree Burglary is a class 4 or class 5 felony depending on the type of building entered. However, if one of the following aggravators apply, then it is charged as a class 3 felony:
- It is the burglary of a dwelling (a building which is used, intended to be used, or usually used by a person for habitation);
- The object of the Burglary is the Theft of a controlled substance; or
- The object of the Burglary is the Theft of firearms or ammunition.
If one or more of the above aggravators apply, it is the same charge level as First Degree Burglary. 1st Degree Burglary – C.R.S. 18-4-202 – is defined by Colorado law as:
The range of behaviors that result in the same level felony charge is quite astounding. They will charge the same for breaking into someone’s home and stealing a TV as breaking into someone’s home and assaulting them. While neither actions are acceptable, and we are by no means condoning them, it doesn’t seem that they should be charged the same.
Sentence for Second Degree Burglary in Fort Collins and Windsor
In Fort Collins, Windsor, and across Larimer County, a class 3 felony is punishable by 4 to 12 years in the Colorado Department of Corrections.