Being charged with Burglary in Greeley and Weld County, Colorado is a serious matter. Whether it’s your first arrest or you have prior charges, Burglary is often misunderstood and many people don’t realize how easily a situation can escalate to a felony.
At O’Malley Law Office, we frequently defend clients charged with Burglary and other property crimes. Below are answers to some of the most common questions we get about Burglary charges, penalties, and defenses.
Weld County Burglary Defense Attorney: What Is Burglary in Colorado?
In Weld County, Colorado, Burglary involves unlawfully entering or remaining in a building or structure with the intent to commit a crime inside, not necessarily theft.
Under C.R.S. § 18-4-202 to 204, there are three degrees of Burglary in Colorado, each with different levels of severity.
What Are the Different Degrees of Burglary? A Greeley Burglary Attorney Explains
Third Degree Burglary (C.R.S. § 18-4-204)
- Involves breaking into a vault, safe, or locked container with intent to commit a crime (like Theft).
- Can be charged as a class 1 or class 2 misdemeanor, depending on the circumstances.
Second Degree Burglary (C.R.S. § 18-4-203)
- Entering a building unlawfully with intent to commit a crime.
- Becomes more serious if it’s a dwelling (home) or involves theft of controlled substances.
- Charges range from class 4 to class 3 felony.
First Degree Burglary (C.R.S. § 18-4-202)
- The most serious Burglary charge.
- Involves entering a building with a weapon or causing injury.
- Always charged as a class 3 felony, punishable by 4 – 12 years in prison (or more, depending on aggravating factors).
Do I Have to Steal Something to Be Charged with Burglary in Milliken?
No. Burglary charges in Milliken are based on intent to commit any crime inside the building—not just Theft. That could include:
- Assault
- Criminal Mischief
- Drug-related offenses
- Harassment or Stalking
Even if you never took anything or committed the intended crime, the act of unlawfully entering with criminal intent is enough for a Burglary charge.
What’s the Difference Between Burglary and Trespassing in Weld County?
The key difference between Burglary and Trespassing is intent.
- Trespassing is unlawfully entering or remaining on property without criminal intent.
- Burglary involves that same unlawful entry, but with intent to commit a crime inside.
Trespassing is usually a misdemeanor. Burglary is almost always a felony.
What Are the Penalties for Burglary in Colorado?
|
Burglary Charge |
Classification |
Possible Penalties |
| 3rd Degree Burglary | Class 1 or 2 Misdemeanor | Up to 364 days or up to 120 days in the Weld County Jail |
| 2nd Degree Burglary | Class 3 or 4 Felony | 2 – 6 or 4 – 12 years in the Colorado Department of Corrections |
| 1st Degree Burglary | Class 3 Felony | 4 – 12 years (up to 24 with enhancers) |
Fines can range from $750 to $750,000, and probation may be available in some cases.
Why You Need a Burglary Criminal Defense Lawyer
Burglary is not a charge you want to face alone. Weld County prosecutors take property crimes very seriously, and even first-time offenders can face felony level penalties. A skilled criminal defense attorney can:
- Challenge the prosecution’s evidence
- Protect your constitutional rights
- Negotiate for reduced charges or a plea deal
- Advocate for a deferred sentence, probation, or dismissal
- Take your case to trial if necessary
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 attorney 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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