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How does Colorado define burglary?

On Behalf of | Apr 23, 2025 | Criminal Defense |

If you’ve heard the term “burglary,” you might picture someone breaking into a home at night. But in Colorado, burglary has a broader meaning. Understanding how it’s defined can help you recognize what actions the law considers a crime.

Burglary means unlawful entry with intent

Colorado law defines burglary as unlawfully entering or remaining in a building with the intent to commit a crime inside. The crime doesn’t have to be theft—it can be assault, vandalism, or another offense. Intent is key. Even if nothing gets stolen, the act can still count as burglary.

There are three degrees of burglary

First-degree burglary happens when someone unlawfully enters a building and assaults someone or uses a deadly weapon. It’s the most serious charge. Second-degree burglary involves breaking into a building with the intent to commit a crime, without weapons or assault. Third-degree burglary usually includes breaking into locked containers, like safes or vending machines, to steal something inside.

Burglary doesn’t require forced entry

Many people think breaking a window or kicking in a door is required for a burglary charge. But that’s not true in Colorado. Walking through an unlocked door or hiding in a store after closing can count if there’s intent to commit a crime. It’s about being in a place where you don’t have permission to be, with plans to do something illegal.

The consequences for burglary vary by degree. First-degree burglary can lead to years in prison, especially if weapons or injury are involved. Second- and third-degree charges also carry serious penalties, including jail time and fines. Having a prior criminal record can make penalties more severe.

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