Many people assume that burglary is very similar to theft, but that’s not necessarily true. Burglary is committed when someone unlawfully enters a structure with the intent to commit a crime once inside. The type of structure that you enter and what you do once inside can determine whether you are charged with first, second, or third degree burglary. Here’s what you need to know about the different degrees of burglary charges in Colorado:
Third Degree Burglary
Third degree burglary is committed when someone breaks into a vault, safe, cash register, safety deposit box, or any other type of equipment with the intent to commit a crime. Although this is the least serious of the three charges, it is still a class 5 felony. It can even be increased to a class 4 felony if the person broke into the structure with the intent to steal controlled substances.
Second Degree Burglary
Second degree burglary occurs when someone knowingly breaks into a building or any type of occupied structure with the intent to commit a crime. You can also be charged with this crime if you are unlawfully remain inside a structure after lawfully gain entry. For example, let’s say you hide inside a store and wait for the owner to close the store and leave for the evening. Technically, you did not break into the store since you lawfully entered it when it was open for business. But, because you stayed in the store after it was closed, this would be considered unlawfully remaining inside the building.
This crime is typically charged as a class 4 felony, but it can be increased to a class 3 felony in the event that it took place within a private residence. It can also be charged as a class 3 felony if you intended on stealing controlled substances.
First Degree Burglary
First degree burglary is similar to second degree burglary with one exception. If the person who is committing the crime assaults or threatens someone who is inside the structure being burglarized, the crime is charged as first degree burglary.
First degree burglary is the most serious type of burglary charge. It is typically charged as a class 3 felony, however it can be charged as a class 2 felony if the crime involved the theft of controlled substances.
Have you been charged with burglary? If so, contact Reisch Law Firm today. Our criminal defense attorneys have years of experience representing clients who have been charged with first, second, and third degree burglary. Schedule a free consultation today by calling 303-291-0555 or filling out this online form.
