There are three types of Burglary in Colorado: first degree burglary, second degree burglary, and third degree burglary. First degree burglary is either a class 3 or class 2 felony, second degree burglary is either a class 4 or class 3 felony, and third degree burglary is either a class 5 or class 4 felony.
Second degree burglary becomes first degree burglary when the perpetrator increases the risk of deadly or bodily harm to an occupant or other person present by possessing a deadly weapon such that he knowingly places or attempts to place such person in fear of serious bodily injury or intends to and does cause serious bodily injury to any person. The defendant is considered to be armed with a deadly weapon if the weapon is easily accessible and readily available for use by the defendant. If the defendant steals a deadly weapon and thereby becomes armed with a deadly weapon, the burglary is elevated to first degree – without any requirement that the prosecutor show that the defendant assaulted or menaced anyone with that weapon. The prosecution must establish that the defendant did not have a lawful right to be inside the building in order to make their case.
Third-degree burglary involves the breaking and entering not into a building, but into a vault, safe, cash register, coin vending machine, coin telephone, or other apparatus. “Other apparatus” means something similar to a vault or safe. However, an unsecured and unlocked locker that doesn’t look like it is used for the safekeeping of values would not be such an “other apparatus”. Circumstantial evidence may be sufficient to sustain a conviction for third degree burglary – meaning that police do not necessarily need to see the defendant perform the actual breaking and entering into the apparatus involved.
Our Denver Criminal Attorney Defends All Types of Burglary Charges
An individual can also be charged with a crime known as possession of burglary tools. That crime is committed when a person possesses any tool adapted, designed, or commonly used for committing or facilitating the commission of a burglary. That crime is a class 5 felony. The statute requires that the accused had intent or knowledge that another intended to use the tool for the commission of a burglary.