Second degree burglary in Colorado

What the charge means

Second degree burglary is defined in C.R.S. 18-4-203. Prosecutors must prove each element beyond a reasonable doubt:

• You knowingly broke into, entered unlawfully, or remained unlawfully in a building or occupied structure. Remaining unlawfully covers someone who entered legally but stayed after permission ended, such as hiding in a store past closing.
• At the time, you intended to commit a crime inside against a person or property. This intent element is the heart of the charge. Entering without it is trespass, not burglary.

Common scenarios include entering a garage or shed to take tools, entering an ex-partner's home to take property during a dispute, staying inside a business after hours to steal, and cases where someone was inside a building without permission and prosecutors infer intent from the circumstances. What was actually in the person's head at the moment of entry is often the main battleground.

Classification and sentencing

The felony class depends on the kind of building and on what prosecutors say the objective was:

• Class 4 felony when the burglary is of an occupied structure or a building used for the operation of a commercial business. If the court imposes prison, the presumptive range is 2 to 6 years, followed by 3 years of mandatory parole, with a possible fine of $2,000 to $500,000.
• Class 5 felony when the burglary is of any other building. If prison is imposed, the presumptive range is 1 to 3 years, followed by 2 years of mandatory parole, with a possible fine of $1,000 to $100,000.

It becomes a class 3 felony in three situations:

• The building is a dwelling, meaning a place used or intended for living, including a house or apartment.
• The objective was theft of a controlled substance lawfully kept in the building, such as a pharmacy burglary.
• The objective was theft of one or more firearms or ammunition.

For a class 3 felony, if prison is imposed, 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.

A narrow class 2 misdemeanor version applies to someone who enters a retail store during open hours in violation of a written ban from the retailer or a court order.

These prison ranges describe what applies only if the court orders incarceration. Probation and community corrections are often legally available for second degree burglary, and many cases resolve without a prison sentence.

What else it touches

Beyond jail or prison exposure, a burglary case can affect:

• Firearms. Any felony conviction bars firearm possession under state and federal law.
• Immigration. Burglary convictions can carry serious immigration consequences, including treatment as an aggravated felony when the sentence is a year or more.
• Record sealing. Dismissed or acquitted charges can usually be sealed right away. A class 4 felony conviction generally requires a 3 year wait after the case ends before a sealing petition, and a class 3 felony conviction waits longer.
• Restitution and licenses. Courts order repayment for damage and loss, and a felony record can complicate professional licensing and housing.

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.