Most people picture someone smashing a window or picking a lock, but in Colorado, it’s much broader than that. Did you know you could face burglary charges just for entering a place you’re not supposed to be—whether or not you take anything? These misconceptions can leave you blindsided if you’ve been accused of burglary.

At the Law Office of Kimberly Diego, our Denver, CO criminal defense lawyers have seen how easily someone can find themselves facing these charges. You deserve a clear explanation of what you’re up against and a strong legal advocate to fight for your rights. Call Kimberly Diego today for guidance that puts your rights first.

Definition of Burglary in Colorado

In Colorado, burglary is defined under Colorado Revised Statutes (CRS) §18-4-202 to §18-4-204. It involves unlawfully entering or remaining on someone else’s property with the intent to commit a crime inside. Importantly, the intended crime doesn’t have to be theft—it could be assault, vandalism, or any other unlawful act

For example, imagine walking into a neighbor’s garage without permission, intending to damage their vehicle. Even if no damage occurs, you could still face burglary charges based on your intent. What sets burglary apart is the combination of unlawful entry and intent. You don’t need to break a window or force a lock to commit burglary—entering through an unlocked door or staying in a building after being told to leave could still result in charges.

Types of Burglary Charges in Colorado

First-Degree Burglary

This is the most serious form of burglary. It occurs when a person:

• Unlawfully enters or remains on a property.
• Intends to commit a crime inside.
• Causes or threatens physical harm or is armed with a deadly weapon.

For example, breaking into someone’s home and assaulting them could lead to a first-degree burglary charge. Because of the use of force or threat, this crime is classified as a Class 3 felony, which carries penalties of up to 8–24 years in prison and significant fines.

Second-Degree Burglary

This charge applies when:

• A person unlawfully enters or remains on a property.
• They intend to commit a crime inside, but no physical harm or weapon is involved.

Second-degree burglary can target residential or non-residential buildings, such as businesses or sheds. It’s often charged as a Class 4 felony, but if the property is a home or if controlled substances are involved, it may escalate to a Class 3 felony.

Third-Degree Burglary

Third-degree burglary focuses on breaking into locked compartments, like safes, vaults, or lockers, intending to steal or commit another crime. While this may seem less severe, it’s still classified as a Class 5 felony, punishable by 1–3 years in prison and fines.

Penalties for Burglary in Colorado

Felony Classification

• First-Degree Burglary: Class 3 felony with penalties of 8–24 years in prison and fines of up to $750,000.
• Second-Degree Burglary: Typically a Class 4 felony (2–6 years in prison), but it can rise to a Class 3 felony (4–12 years in prison) if aggravating factors are present.
• Third-Degree Burglary: Class 5 felony, with potential penalties of 1–3 years in prison and fines of up to $100,000.

A burglary conviction also leaves you with a permanent criminal record, which can impact your ability to find employment, secure housing, or maintain professional licenses.

Difference Between Burglary and Robbery

Burglary

• Involves unlawfully entering or remaining on a property.
• The intent is to commit a crime inside the property (e.g., theft, assault, vandalism).
• Does not necessarily involve direct interaction with another person.
• Can occur in a residential or non-residential setting.

For example, sneaking into a warehouse at night to steal tools would likely result in a burglary charge.

Robbery

• Involves taking someone else’s property by force, threats, or intimidation.
• Directly involves a victim.
• Often involves violent or threatening behavior.

For instance, snatching someone’s wallet on the street while threatening them with harm would constitute robbery.

The key difference lies in interaction and force. Burglary focuses on entering a property with criminal intent, while robbery centers on forcibly taking property from another person. These distinctions are critical because they result in different legal charges and penalties.

Consult Denver, CO Criminal Defense Attorneys

A burglary charge is more than just a legal matter—it’s your future on the line. At the Law Office of Kimberly Diego, we understand the stakes. We know how easily misunderstandings or false accusations can lead to life-altering charges. That’s why we’re committed to providing a personalized, results-driven defense for every client.

Kimberly Diego has built a reputation for crafting strategic defenses, challenging the evidence, and fighting aggressively for her clients’ rights. Whether it’s negotiating to reduce charges or taking your case to court, her goal is to protect your freedom and minimize the impact on your life.

If you’re facing a burglary charge in Colorado, don’t navigate the legal system alone. Call us at (720) 257-5346 or fill out the online form for a consultation. Your defense starts here, and we’re ready to fight for you.