Weld County Lawyer for Burglary, C.R.S. 18-4-202
Burglary Investigations Underway After 2 Restaurants Catch on Fire

Burglary, C.R.S. 18-4-202+, is charged when a person unlawfully remains in or enters an object or building with the intent of committing another crime.  Recently, Colorado police started investigating what they suspect to be two connected burglaries after two separate restaurants caught fire.  After firefighters started to extinguish the first fire at a sushi restaurant, they then saw another fire start at a nearby grill.  After law enforcement saw that there was broken glass at the scene of both restaurants, they determined that the fires were likely started by burglars.  If the suspects are apprehended, they could be charged with both Burglary and Arson.

Navigate this blog:

1. How Does the Weld County Court Define Burglary, C.R.S. 18-4-202+?

2. Weld County Jail / Colorado DOC Time and Other Penalties for Burglary in Greeley

1. How Does the Weld County Court Define Burglary, C.R.S. 18-4-202+?

At the Weld County Courts, Burglary, C.R.S. 18-4-202+, is the act of breaking into an object or building with the intent of committing another crime once inside.  Colorado law divides Burglary into three separate statutes based on what or where the person broke into and whether they were armed.  Each degree of Burglary is distinguished as follows:

Third Degree Burglary, C.R.S. 18-4-204: Breaking into a vault, safe, cash register, money depository, etc.

Second Degree Burglary, C.R.S. 18-4-203: Entering or remaining unlawfully, or breaking entry into, a building or occupied structure.

First Degree Burglary, C.R.S. 18-4-202: Entering or remaining unlawfully, or breaking into, a building or occupied structure.  Additionally, at some point during the crime, the person committing the burglary:

  • Assaults or menaces another person
  • Is armed with explosives
  • Uses a deadly weapon, or possesses and threatens the use of a deadly weapon.

2. Weld County Jail / Colorado DOC Time and Other Penalties for Burglary in Greeley

The penalties for Burglary – including time at the Weld County Jail or Colorado DOC – depend on the degree and the intent behind the offense.  See the table below for the sentences imposed by the Weld County Courts in Greeley for a conviction of Burglary:

Degree of Burglary / Intent Crime Classification Penalties
3rd Degree Burglary

2nd Degree Burglary – defendant ignored court order or written notice by retailer prohibiting entry during normal business hours

Class 2 misdemeanor / M2
  • Up to 120 days in the Weld County Jail
  • Max. fine of $750
Third Degree Burglary – intent to steal a controlled substance Class 1 misdemeanor / M1
  • Up to 364 days in the Weld County Jail
  • Max. fine of $1,000
Second Degree Burglary that does not meet the criteria to be charged with a class 2 misdemeanor, class 4 felony, or class 3 felony Class 5 felony / F5
  • 1 – 3 years at the Colorado DOC
  • 2 years of mandatory parole after release from prison
  • Fine of $1,000 – $100,000
2nd Degree Burglary where the defendant burglarized an occupied structure or a building used for the operation of a commercial business Class 4 felony / F4
  • 2 – 6 years at the Colorado DOC
  • 3 years of mandatory parole
  • Fine of $2,000 – $500,000
2nd Degree Burglary in the following circumstances in which the defendant:

  • Broke into another person’s residence / dwelling,
  • Intended to steal a controlled substance, or
  • Intended to steal a weapon, such as a firearm, or ammunition
Class 3 felony / F3
  • 4 – 12 years at the Colorado DOC
  • 3 years of mandatory parole
  • Fine of $3,000 – $750,000
  • Additional fine of $5,000 – $750,000 if a person committed 2nd Degree Burglary with the intent of stealing a firearm or ammunition
1st Degree Burglary Class 3 felony / F3 + crime of violence
  • 8 – 32 years at the Colorado DOC
  • 3 years of mandatory parole
  • Fine of $3,000 – $750,000

In addition to these penalties, the defendant will also be required to relinquish any firearms and ammunition they have if convicted of a felony Burglary charge.  They will also be ordered to pay restitution to cover property damage and any objects that were taken during the Burglary.

If you have been charged with any degree of Burglary, whether it is a misdemeanor or felony, don’t wait to contact a top criminal defense lawyer today.  Representation by an experienced attorney is essential to mitigating the damage that will stem from these stiff penalties.  Call us today or fill out the “Get Help Now” form to discuss your case and to get the legal counsel you need to help protect your future.


Have you been charged with Burglary?  First, exercise your right to remain silent, and do not talk to any law enforcement in Weld County.  Then call (970) 616-6009 to discuss your case with a top criminal defense lawyer from the O’Malley Law Office today.  Together, we can protect your future.

The location for the Weld County Courthouse is 901 9th Avenue, Greeley, Colorado. We’ll see you there!

Photo by ANDRÉ FELLIPE