2nd Degree Burglary

Burglary occurs when a person breaks into a building with an intent to commit a crime against another person or property once inside. Without an intent to commit a crime inside, unlawfully entering into a building is simply trespassing, not burglary. Many people think of burglary as breaking into a building to commit a theft, but it does not necessarily have to be theft. An intent to commit any crime against another person or property once inside the building—even if it’s not theft—is all that is needed for burglary. If someone breaks into a home intending to assault a person who lives there, that is burglary. The definition of 2nd Degree Burglary, and its sentencing ranges, are discussed below. If you have been charged with 3rd Degree Burglary click here. If you have been charged with 1st degree burglary click here.

2nd Degree Burglary[1]

(1) A person commits 2nd 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.

(2) 2nd degree burglary is a class 4 felony, but it is a class 3 felony if:

(a) It is a burglary of a dwelling; or

(b) It is a burglary, the objective of which is the theft of a controlled substance, as defined in section 18-18-102(5), lawfully kept within any building or occupied structure.

That means that 2nd degree burglary is generally a class 4 felony. But it becomes a class 3 felony if a person 1) breaks into a home to commit a crime against a person or property or 2) breaks into any building to steal drugs.

If you are charged with committing a Class 4 felony, then you are facing a recommended range of 2-6 years in prison with three years of parole and fines ranging from $2,000-$500,000.[2] If you are facing the Class 3 felony because you are accused of breaking into a home or into a building to steal drugs, then you are facing a recommended range of 4-12 years in prison with five years of parole and possible fines ranging from $3,000-$750,000.[3]

The Court can, however, decide that prison is not an appropriate sentence. In those situations you may be sentenced to probation, work release, community corrections, or some combination of the above. If it is your first offense, you may be eligible for a deferred sentence, which would allow you to seal your record if you successfully completed the terms of your sentence.

If you have been charged with 2nd degree burglary, do not delay. Call one of the experienced criminal defense attorneys at CGH for a free consultation!

[1] C.R.S. § 18-4-203

[2] C.R.S. § 18-1.3-401

[3] C.R.S. § 18-1.3-401