Greeley Burglary Lawyer: What Is Burglary Under Colorado Law?
Under C.R.S. 18-4-202 through 18-4-204, Burglary occurs when a person unlawfully enters or remains in a building or occupied structure with the intent to commit a crime inside. The intended crime does not have to be Theft. It can be any offense, such as Assault, vandalism (Criminal Mischief), or Harassment. Prosecutors do not need to show that the intended crime was completed, only that the alleged intent existed when the person entered.
Attorney for Burglary Charges in Firestone: What Are the Degrees of Burglary?
Colorado separates Burglary into three levels:
- First Degree Burglary: a class 3 felony, typically alleged when the entry involves a dwelling or occupied structure and includes a weapon, an assault, or a threat of harm
- Second Degree Burglary: a class 4 felony, or a class 3 felony if a dwelling is involved
- Third Degree Burglary: a class 2 misdemeanor for cases involving safes or other secured property, or a class 1 misdemeanor if the object is the theft of a controlled substance
Burglary is often charged alongside Theft, Criminal Mischief, or Trespass, which can increase total exposure.
Charged with Burglary in Weld County? What Penalties Could You Face?
Burglary is often felony offense in Colorado, and potential consequences can include:
- Prison time: ranging from years to a decade or more, depending on the degree
- Fines and restitution: for damaged or stolen property
- Probation or parole: with strict conditions
- Criminal record: which can affect employment, housing, firearm rights, and professional licensing
How Are Burglary Cases Handled in Windsor or Evans?
Cases arising in Greeley and across Weld County are prosecuted by the Weld County District Attorney’s Office, with felony proceedings in the Weld County courts. Investigations often rely on surveillance video, witness statements, and physical evidence, and police may contact you before an arrest is made.
Frequently Asked Questions About Burglary
Is Burglary the same as Theft?
No. Burglary focuses on unlawful entry with intent to commit a crime, while Theft involves taking property.
Can I be charged with Burglary if nothing was taken?
Yes. The alleged intent to commit a crime inside can be enough.
Is Burglary always a felony in Colorado?
No. Only First Degree and Second Degree Burglary are felonies.
Should I talk to police before hiring an attorney?
No. You have the right to remain silent and the right to counsel.
If you’ve 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.
Photo by Erik Mclean