First degree burglary in Colorado

What the charge means

First degree burglary is defined in C.R.S. 18-4-202. Prosecutors must prove every one of these elements beyond a reasonable doubt:

• You knowingly entered a building or occupied structure unlawfully, or stayed after your right to be there ended.
• You intended to commit a crime inside, against a person or property, beyond the trespass itself. Entering alone is not enough.
• While entering, while inside, or while fleeing, you or another participant assaulted or menaced someone, was armed with explosives, or used a deadly weapon or possessed one and threatened to use it. Menacing means placing someone in fear of serious bodily injury.

Common scenarios include a break-in where the occupant is confronted or threatened, entering a home or business while carrying a gun or knife with plans to steal, and a second degree burglary that turns into first degree because a fight breaks out when someone is discovered. The weapon or assault element is what separates this charge from second degree burglary.

Classification and sentencing

First degree burglary is a class 3 felony. If the court imposes prison, the presumptive range is 4 to 12 years, followed by 3 years of mandatory parole, with a possible fine of $3,000 to $750,000.

The bigger issue is crime of violence sentencing under C.R.S. 18-1.3-406. When prosecutors charge and prove that a deadly weapon was used, or possessed and threatened, or that someone suffered serious bodily injury, the court must impose prison. A crime of violence also counts as an extraordinary risk crime, which raises the top of the range. For first degree burglary sentenced this way, the range runs from 10 to 32 years, and probation is off the table.

When crime of violence sentencing does not apply, the ranges above describe what happens only if the court chooses prison. Probation or community corrections can be legally possible, and the facts of the case drive where a sentence lands.

What else it touches

A first degree burglary conviction follows a person long after the sentence:

• Firearms. A felony conviction bars firearm possession under Colorado and federal law.
• Immigration. A burglary conviction with a sentence of a year or more can be treated as an aggravated felony, one of the harshest categories in immigration law.
• Record sealing. A dismissal or acquittal can usually be sealed right away. Sealing a class 3 felony conviction requires a long waiting period, and convictions sentenced as crimes of violence face the tightest limits.
• Everything else. Housing, employment, and professional licensing decisions routinely turn on a violent felony record.

We defend burglary charges as part of our Colorado criminal defense practice. A free consultation is the place to get answers about a specific situation, and we return calls and emails the same business day.