Loveland Burglary Defense Lawyer
The Three Degrees of Burglary

If you've been charged with Burglary, be smart, exercise your right to remain silent, and contact the O’Malley Law Office at 970-658-0007 for a consultation.

In Loveland, Fort Collins and across Larimer County, there are three degrees of Burglary that a person can be charged with: First Degree Burglary, Second Degree Burglary, and Third Degree Burglary. Let’s take a closer look at the three degree of Burglary.

Fort Collins First Degree Burglary Attorney: How is 1st Degree Burglary Charged in Colorado?

The Fort Collins, Colorado law definition of First Degree Burglary – C.R.S. 18-4-202 – is:

A person commits first degree burglary if the person knowingly enters unlawfully, or remains unlawfully after a lawful or unlawful entry, in a building or occupied structure with intent to commit therein a crime, other than trespass as defined in this article, against another person or property, and if in effecting entry or while in the building or occupied structure or in immediate flight therefrom, the person or another participant in the crime assaults or menaces any person, the person or another participant is armed with explosives, or the person or another participant uses a deadly weapon or possesses and threatens the use of a deadly weapon.

Basically, this crime is charged when a person is harmed during the Burglary or a deadly weapon is involved. 1st Degree Burglary is a class 3 felony in Colorado.

Lawyer for Larimer County Second Degree Burglary: How is 2nd Degree Burglary Charged in Colorado?

The Larimer County, Colorado law definition of Second Degree Burglary – C.R.S. 18-4-203 – is:

A person commits second degree burglary, if the person knowingly breaks an entrance into, enters unlawfully in, or remains unlawfully after a lawful or unlawful entry in a building or occupied structure with intent to commit therein a crime against another person or property.

The sentencing for 2nd Degree Burglary varies depending on the circumstance as follows:

  • Second degree burglary is a class 4 felony if the burglary is of an occupied structure or of a building being used for the operation of a commercial business.
  • 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, as defined in section 18-18-102 (5), lawfully kept within any building or occupied structure; or
    • The objective of the burglary is the theft of one or more firearms or ammunition.
  • Second degree burglary is a class 2 misdemeanor if the person knowingly violated a written notice by a retailer or an order by a court of lawful jurisdiction specifically restraining a person from entering a particular retail location during hours which the retail store is open to the public.
  • Second degree burglary is a class 5 felony if the burglary is of any other building not described in subsection (2)(a), (2)(b), or (2)(c) of this section.

Estes Park Third Degree Burglary Attorney: How is 3rd Degree Burglary Charged in Colorado

The Estes Park, Colorado law definition of Third Degree Burglary – C.R.S. 18-4-204 – is:

A person commits third degree burglary if with intent to commit a crime he enters or breaks into any vault, safe, cash register, coin vending machine, product dispenser, money depository, safety deposit box, coin telephone, coin box, or other apparatus or equipment whether or not coin operated.

Third Degree Burglary is a class 2 misdemeanor, but it is a class 1 misdemeanor if it is related to the theft of a controlled substance.


If you or someone you love has been charged with Burglary, be smart, exercise your right to remain silent, and contact the best criminal defense attorneys from the O’Malley Law Office at 970-658-0007 to schedule a free initial consultation. Together, we can protect your future.

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