Greeley Burglary Attorney
What Are the Three Degrees of Burglary in Colorado?

If you've been charged with Burglary, be smart, exercise your right to remain silent, and contact the O’Malley Law Office at 970-616-6009 today!

Burglary is charged in Greeley and Weld County when a person is accused of unlawfully entering or remaining on someone else’s property with intent to commit another crime. In Colorado, there are three degrees of Burglary that can be charged. Let’s take a closer look at First Degree Burglary, Second Degree Burglary and Third Degree Burglary and how they are charged.

Weld County First Degree Burglary Lawyer: How is 1st Degree Burglary Charged in Colorado?

The Weld County, 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.

First degree burglary is a class 3 felony. This level felony is punishable by 4 to 12 years in the Colorado Department of Corrections.

Attorney for Second Degree Burglary Charges in Windsor: How is 2nd Degree Burglary Charged in Colorado?

The Windsor, 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.

There are many different penalty structures for Second Degree Burglary depending on the circumstances:

  • 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 above.

Greeley 3rd Degree Burglary Defense Attorney: How is Third Degree Burglary Charged in Colorado?

The Greeley, 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.

The charged level for Third Degree Burglary is a class 2 misdemeanor, but it is a class 1 misdemeanor if it is a burglary, the objective of which is the theft of a controlled substance, lawfully kept in or upon the property burglarized.


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 970-616-6009 to schedule a free initial consultation. Together, we can protect your future.

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