Colorado Springs burglary charges can be filed in four different ways, depending on the severity of the crime.
The most serious charge is first-degree burglary, which is a Class 3 felony. This charge applies when a person enters into a building with the intent to commit a crime inside. Second-degree burglary is also a felony, but it is classified as a Class 5 felony. This charge applies when a person enters into a building without the intent to commit a crime, but steals or commits another felony inside.
The third and fourth burglary charges are misdemeanors. Third-degree burglary is a Class 1 misdemeanor, while fourth-degree burglary is a Class 2 misdemeanor. These charges apply when a person enters into a building without the intent to steal or commit another felony, but commits a petty offense inside. A petty offense is any crime that is punishable by less than one year in jail.
It is important to note that burglary charges can be filed against a person even if they do not succeed in committing a crime. For example, the crime of burglary in the second-degree is a felony charge. It applies when a person knowingly enters into a building without consent and attempts to commit any type of theft or felony while inside. This means that someone can be charged with burglary even if they do not steal anything from the building.
Colorado burglary charges often vary depending on whether the person is a juvenile or an adult. Juveniles can be charged with different crimes, and juveniles may face lighter penalties than adults do. It is important to speak with a Colorado attorney before speaking with authorities about any burglary charge to determine what has happened and how to proceed in court.
What if I left my property behind?
If you are accused of burglary, it is important to remember that you are not guilty of the crime just because you left your property behind. Many people leave their property at the scene of a burglary without intending to commit a crime. This does not mean that they are automatically guilty of burglary.
It is important to speak with an attorney if you are accused of burglary. Understanding the charges and what you must do to protect yourself is important. If you understand your legal options and rights, it will be easier to make decisions about how to proceed in court.
There are four (4) major statues for burglary charges in Colorado:
First Degree Burglary – C.R.S. 18-4-202
First Degree is the most severe charge, and it pertains to unlawful entry using a weapon into a house, apartment or other dwelling unit where people are present. This scenario is considered a crime when a person enters or remains in a building, house, apartment, motel room, or garage, and when that person’s intent is to commit an offense other than simple trespassing. The possession of any weapon on the defendant, or if entrance to above described structures is by way of menacing or assault of another person, further defines this charge.
Second Degree Burglary – C.R.S. 18-4-203
Second Degree Burglary is charged when all circumstances are present for a First Degree Burglary charge – except for the menacing or assaulting of another person, and absence of a weapon present.
Third Degree Burglary – C.R.S. 18-4-204
Breaking into a vending machine, cash register, vault or safe can constitute a Third Degree Burglary charge. Swiping money from a cash register or stealing free snacks from a vending machine are examples of crimes that would be charged under this statute.
Fourth Degree Burglary – Possesion of Burglary Tools – C.R.S. 18-4-205
Possession of tools that would permit rapid opening of security locks and electronic theft prevention devices would fall into this category. Lock picks, electronic devices that defeat product anti-theft measures, “Slim-Jim” vehicle opening tools are good examples of C.R.S. 18-4-205 crimes.