O’Malley and Sawyer has defended numerous clients charged with first-degree burglary, second-degree burglary, and third-degree burglary. Burglary is a serious crime that comes with severe consequences. In some cases, there is a fine line between burglary charges and the less severe crime of trespass. It is important to the outcome of your burglary case to hire an experienced Denver Burglary attorney who understands when a case is being overcharged by the prosecutor.
Contact O’Malley and Sawyer to speak with an experienced and knowledgeable criminal defense attorney who will fight for your rights, and for the best outcome in your burglary case.
First Degree Burglary
A person commits first degree burglary if:
- the person unlawfully enters, or remains unlawfully, in a building or occupied structure with intent to commit therein a crime, other than trespass, against another person or property, and if in affecting entry or while in the building or occupied structure or intermediate flight therefrom, the person or another participant in the crime assaults or menaces any person, the person or another participant is armed with explosives, or the person or another participant uses a deadly weapon or possesses and threatens the use of a deadly weapon.
Penalties for First Degree Burglary
- First degree burglary of a dwelling is a class three felony.
Second Degree Burglary
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.
Penalties for Second Degree Burglary
Second degree burglary is a class 4 felony, but it is a class 3 felony if:
- It is a burglary of a dwelling; or
- The objective of the Burglary is the theft of a controlled substance lawfully kept within any building or occupied structure.
Third Degree Burglary
A person commits third degree burglary if with intent to commit a crime he or she enters or breaks into any vault, safe, cash register, coin vending machine, product dispenser, money depository, safety deposit box, coin telephone, coin box, or other apparatus or equipment whether or not coin operated.
Penalties for Third Degree
Burglary Third degree burglary is a class 5 felony, but it is a class 4 felony if the objective of the Burglary is the theft of a controlled substance lawfully kept in or upon the property burglarized.
Additional Burglary Information
Burglary Statistics Colorado Reported Statewide Arrests
Colorado Reported Statewide Crimes