First-degree burglary is a serious criminal offense in Colorado. It is defined as entering another person’s dwelling with the intent to commit a crime and either bringing a deadly weapon with you or committing assault while on the premises. First-degree burglary is typically charged as a class 3 felony offense. It can carry significant prison time. At The Martin Law Firm, we defend the full range of burglary charges. Here, our defense attorneys provide an in-depth guide to first-degree burglary charges in Colorado.
First Degree is Colorado’s Most Serious Burglary Charge
A first-degree burglary is the most serious burglary charge in Colorado. C.R.S. § 18-4-202 is the state statute that explains how a less severe (but still serious) second-degree burglary offense or third-degree burglary offense could become a first-degree charge. In Colorado, the first-degree burglary offense is focused on two major issues:
- Unlawful entry or unlawful remaining in a building or other occupied structure; and
- The use of a deadly weapon, the intent to commit a crime inside, or the use of threats or force during the event.
Defendants often misunderstand the statute. In Colorado, first-degree burglary does not require theft. It does not require physical injury. It does not require a completed crime inside the building. The law asks whether the defendant entered or remained unlawfully with the intent to commit a crime inside. That crime can involve assault, menacing, theft, or any other offense. Once the prosecution alleges intent, the state must prove both the unlawful entry and the mental state.
Note: Colorado courts interpret entry and intent broadly. A defendant does not need to break a window or bypass a lock. Any unlawful entry can potentially satisfy the element. The state can also rely on constructive entry through partial physical intrusion. Unfortunately, the broad nature of the interpretation of the statute by prosecutors can lead to some people being charged with first-degree burglary without good cause.
Penalties for First Degree Burglary in Colorado
First-degree burglary is a serious criminal offense in Colorado. It is a felony charge that carries severe criminal penalties. The crime is categorized as a class 3 felony. The presumptive sentencing range is four to twelve years in the Department of Corrections with mandatory parole. The court may also impose other penalties on a person who is convicted of first-degree burglary, such as fines, mandatory counseling/treatment, probation, and payment of financial restitution.
You Have the Right to Defend Yourself Against a First-Degree Burglary Charge
First-degree burglary in Colorado is a serious criminal offense. It needs to be treated as such. If you are facing this type of charge, it is important to remember that you are presumed innocent until proven guilty. You have the right to defend yourself. A top-rated Montrose, CO burglary defense lawyer can review your case, evaluate the allegations, investigate the charges, and determine the best defense strategy. Some options for defending a first-degree burglary charge include:
- A Direct Challenge of the Alleged Unlawful Entry: In Colorado, a burglary charge requires unlawful entry as a matter of law. In other words, the prosecution must prove the defendant entered or remained unlawfully. Consent, implied permission, shared property rights, or mistaken belief in the right to enter can undermine the state’s theory. If the entry was lawful, the charge cannot stand. It should be dismissed.
- Dispute of the Alleged Intent to Commit a Crime Inside: Beyond unlawful entry, burglary in Colorado also requires the state to show that the defendant planned to commit a crime inside the building/dwelling. To be clear, intent cannot be based on mere speculation. If you are facing a first-degree burglary charge, your Colorado defense lawyer can directly challenge the prosecution’s evidence of “intent” to commit a crime.
- Move to Suppress Evidence or Challenge Criminal Justice Process: The process by which a person was arrested matters. You have rights. Police and prosecutors cannot violate those rights during a criminal case. For example, the Fourth Amendment to the U.S. Constitution protects people against unreasonable searches and seizures. Burglary allegations often follow warrantless searches, improper entries, or defective warrants. A suppression motion can remove key evidence. If the state loses that evidence, the case may collapse.
- Argue Mistaken Identity: Suppose that a burglary was committed. Does the prosecution actually have reliable evidence to prove that you were the responsible party? You can argue mistaken identity as a defense. Alibi evidence can be especially valuable in this regard. If you were not present at the scene, the entire case fails. Phone data, witness testimony, surveillance footage, or transaction records can establish a strong alibi. The reality is that not all burglars are caught in the act itself. Mistakes can happen and false allegations are sometimes made against innocent people.
Frequently Asked Questions (FAQs)
What is the difference between first-degree burglary and second-degree burglary?
In Colorado, first-degree burglary involves unlawful entry with intent to commit a crime inside and the added element of a deadly weapon, threats, or injury. Second-degree burglary focuses on unlawful entry into a dwelling with criminal intent but does not require a weapon or actual or implied physical force. The first degree of a burglary charge carries far higher penalties because Colorado treats it as a violent felony offense. Though second-degree burglary is serious as well.
Does burglary in Colorado also involve theft of property?
No. While theft is part of many burglary cases, it is a common misconception that theft is a required legal element of burglary in Colorado. The key element is entering or remaining unlawfully with the intent to commit any crime inside, not necessarily stealing property. The underlying crime could be assault, menacing, criminal mischief, or another offense. Theft can occur during a burglary, but it is not required for the charge.
Will I go to jail if convicted of first-degree burglary in Colorado?
Yes. A conviction for first-degree burglary carries a strong likelihood of prison because it is a class 3 felony and often treated as a crime of violence. Mandatory prison applies if the prosecution proves a deadly weapon, serious injury, or certain aggravating factors. If a first-degree burglary offense is not treated as a crime of violence by prosecutors, jail time is not mandatory under Colorado law, but it is still extremely likely.
Why People Trust Defense Lawyer Brent Martin for Help With a Burglary Charge
Were you arrested and charged with first-degree burglary in Montrose or elsewhere in Colorado? The right attorney can make a difference. Brent Martin is a top-rated Colorado burglary defense lawyer with a proven record of success handling high-stakes cases. With more than two decades of criminal law experience, Attorney Martin has the skills and expertise you can trust when it matters most. Do not go it alone. A first-degree burglary charge is a very serious felony offense. Your freedom and future could be at stake. You need a top-rated Colorado defense lawyer.
Get Legal Help Today
At The Martin Law Firm, our Colorado criminal defense attorney has the skills and experience to defend first-degree burglary offenses. If you or your family member is facing this type of charge, our team can help. Contact us today to set up your fully private, no obligation initial consultation. We defend first-degree burglary charges throughout the region from our office in Montrose.