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.