In Greeley and Colorado, if you are convicted of a Burglary charge you could face any where from a class 2 misdemeanor to a class 3 felony. Burglary is charged when a person knowingly enters a property and stays on the property with the intent to commit a crime. The attorneys at the O’Malley Law Office understand that a Burglary Conviction can affect your life, job, career, and freedom. If you need to know more about what penalties are possible when you face a Burglary Charge, read more below. When facing a Burglary charge in Fort Collins or Larimer County, get help here.
How Many Types of Burglary Charges are there in Colorado?
In Colorado, there are three types of Burglary charges: 1st Degree Burglary, 2nd Degree Burglary, and 3rd Degree Burglary. The degree of Burglary depends on what type of property was entered and if anyone in the property was placed in danger. As always, felony cases are more serious and can result in prison time, while misdemeanor cases can only result in Weld County Jail time. First Degree Burglary and most Second Degree Burglary charges and felonies, while Third Degree Burglary is normally a misdemeanor.
Legal Definition of 1st Degree Burglary, 2nd Degree Burglary, and 3rd Degree Burglary in Greeley, Colorado
In Greeley, understanding the charges you face is important. The legal definitions for 1st Degree Burglary, 2nd Degree Burglary, and 3rd Degree Burglary are as follows:
1st Degree Burglary – C.R.S. 18-4-202 is defined as:
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.
2nd Degree Burglary – C.R.S. 18-4-203 is defined as:
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.
3rd Degree Burglary – C.R.S. 18-4-204
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.
When Legally on a Property, Can You Be Charged with Burglary in Weld County?
No, if you are on a property in Weld County because you were legally allowed to be there or were invited there, you cannot be charged with Burglary. Remember that after a legal entry, you might be asked to leave (such as a store closing), and at that point, you can be charged with Burglary if you remain with the intent to commit a crime. Also, if you are on a property legally and commit another crime, then you could be charged with the crime but not Burglary.
Are Theft and Burglary the Same Criminal Charge in Evans, Windsor, and Erie, Colorado?
It is a common misconception that Burglary and Theft are the same criminal charge in Evans,, Windsor, and Erie, Colorado. Simply, they are not the same criminal charge. Burglary can be charged anytime a person is knowingly on a property with the intent to commit any criminal charge, while Theft can occur anywhere. Some similar charges filed by the DA in addition to Burglary, are:
- Criminal Mischief – C.R.S. 18-4-501
- Arson – C.R.S. 18-4-102
- Assault – C.R.S. 18-3-204
- Trespass – C.R.S. 18-4-502, 503 and 504
Punishments for a Burglary Conviction in Weld County
The punishments for First and Second-Degree Burglary are a felony in Weld County. Third-Degree Burglary is a class 2 misdemeanor. The penalties for First or Second Degree Burglary are 4 – 48 years in a Colorado State Prison with a fine of between $3,000 and $1,000,000. 3rd Degree Burglary penalties can be up to 364 days in the Weld County Jail and up to $1,000 in fines.