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18-4-203. Second degree burglary. • • •
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CRS 18-4-203
Colorado Second-Degree Burglary
Colorado statute CRS 18-4-203—known as second-degree burglary—can be a class 4 or class 3 felony. Charged as class 4, it is punishable by two to six years in prison and a mandatory three-year parole term. Second-degree burglary in Colorado is defined as unlawfully entering a building with intent to commit a crime.
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Penalties for Second-Degree Burglary in Colorado
Charge Classification Penalty
Burglary: First Degree Felony Class 3: up to $750,000 in fines; up to 12 years incarceration
Burglary: Second Degree Felony Class 3: up to $750,000 in fines; up to 12 years incarceration
Class 4: up to $500,00 in fines; up to 6 years incarceration
Burglary: Third Degree Felony Class 5: up to to $100,000 in fines; up to 3 years incarceration
Burglary: Possessing Tools Felony Class 5: up to $100,000 in fines; up to 3 years incarceration
(Colo. Rev. Stat. § § 18-4-202, 18-4-203, 18-4-204, 18-4-205.)
Here is What the Prosecution Must Prove to Convict You
The elements of the crime of first degree burglary are:
• That the defendant,
• in the State of Colorado, at or about the date and place charged,
• knowingly,
• broke an entrance into, entered unlawfully in, or remained unlawfully after a lawful or unlawful entry in,
• a building or occupied structure,
• with intent to commit a crime therein against another person or property, and
• If there is an affirmative defense raised, the prosecution must also prove that the defendant’s conduct was not legally authorized by the affirmative defense.
Possible Defenses for Second-Degree Burglary in Colorado
The penalties for a burglary charge can be severe, especially if charged with a Class 3 felony. For a second-degree burglary to be charged as a Class 3 felony, it would need to be a burglary of a dwelling, or the objective of the burglary would need to be theft of a controlled substance.
To build a criminal defense against a burglary charge, it is helpful to understand what the jury needs to prove a theft crime happened beyond a reasonable doubt. The elements of offense outline the elements a jury needs to prove to indict for a criminal burglary offense.
Elements of Offense in Second-Degree Burglary
In burglary cases, the prosecution must prove three main elements of the offense for a criminal indictment.
They include:
• Enter— Unlawful entry
• Structure— The person knowingly broke into an unauthorized building or occupied structure
• Intent— They unlawfully entered with the intent to commit therein a crime
Possible Defenses for Second-Degree Burglary
Therefore, to successfully defend against a second-degree burglary conviction, you must prove you did not enter an occupied structure with intent.
Or that:
• You entered the building or occupied structure lawfully, with permission or authorization
• You did not know you were illegally entering the property
• You did not intend to commit a crime while on the property
Colorado Revised Statutes, CRS 18-4-203:
(1) 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.
(2) Second-degree burglary is a class 4 felony, but it 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.
Have you been charged or arrested for a second-degree burglary felony in Colorado Springs or El Paso County?
First, you should know that second-degree burglary in Colorado is a crime with severe consequences, including heavy fines and incarceration. For the prosecutor to convict you, they will have to convince a jury that you entered the premise unlawfully and intended to commit a crime upon entering. A criminal burglary charge requires a jury to find you guilty beyond a reasonable doubt. There are many possible defenses to this charge, including whether you were authorized to enter the structure or intended to commit a crime. Still, to defend yourself against a burglary charge, you must understand how the law applies and what the District Attorney in El Paso County must prove to indict you.
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Frequently Asked Questions
Is second-degree burglary a felony in Colorado?
Yes, a second-degree burglary can be charged as either Class 3 or a Class 4 felony. For a Class 3 felony criminal charge, the defendant would have had to enter a dwelling unlawfully, and/or they would have unlawfully entered with the intent to steal a controlled substance.
How much jail time could I serve for second-degree burglary in Colorado?
The amount of jail time for burglary in the second degree in Colorado depends on whether the burglary is charged as a Class 3 or Class 4 felony.
A Class 3 felony carries a penalty of up to 12 years in prison and $750,000 in fines, while a Class 4 felony carries a penalty of up to six years in prison and $500,000 in fines.
What is the statute of limitations on burglary crimes in Colorado?
For petty offense burglaries, the statute of limitations is six months. Misdemeanor charges have a statute of limitation set at 18 months and felony crimes are set at three years.
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