Under Colorado law, “a person commits third-degree burglary if with intent to commit a crime he 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.” (CRS § 18-4-204).

3rd-degree burglary is usually a class 2 misdemeanor punishable by

• up to 120 days in jail and/or
• up to $750 in fines

Colorado law divides burglary into three degrees (from most serious to least serious):

Below, our Denver Colorado criminal defense lawyers discuss the following frequently asked questions:

• 1. What is third-degree burglary?
• 2. What is burglary?
• 3. What other types of equipment count towards this offense?
• 4. What are the penalties for this offense?
• 5. What defenses can I raise in my case?

Third-degree burglary is the least serious form of burglary, but it is still a felony.

1. What is third-degree burglary?

Third-degree burglary under CRS 18-4-204 is committed when you:

• with the intent to commit a crime
• enter or break into any:
  • vault,
  • safe,
  • cash register,
  • coin vending machine,
  • product dispenser,
  • money depository,
  • safety deposit box,
  • coin telephone,
  • coin box, or
  • another apparatus or equipment whether or not coin operated.⁴

Notice these are not crimes against people but a specific type of property and typically involve the intent to commit a theft within these types of property.

You can be convicted of this crime for remaining in a building, even when you originally had permission to enter it, so long as you had the intent before entering the building to commit a third-degree burglary offense.

Example: Paul enters a Walgreens after it is closed, jumps the counter, and breaks into the cash register. Because he entered the building after hours (unlawfully) and broke into a cash register, Paul can be charged with this degree of the offense.

2. What is burglary?

Burglary in Colorado is separated into three elements:

1. you knowingly
2. entered or unlawfully remained on another person’s property,
3. with the intent to commit any crime (other than trespass) while on the property.¹

What does “knowingly” mean?

You commit an offense knowingly if you:

• conduct yourself in a way or under a circumstance prohibited by a Colorado burglary law, or
• are aware that the conduct is practically certain to cause a result prohibited by the law.²

You must commit each element of the offense knowingly in order to be guilty of the crime.

Do I have to “break in” to enter or unlawfully remain?

No. While many people imagine a break-in late at night as a burglary, it is not necessary the burglary transpires as such. You could simply walk right through the front door without permission in order to commit a crime.³

Example: Tristan enters a convenience store by walking through the front door during open hours. He hides in a back room and waits for the store to close. After hours, Tristan breaks into the cash registers and the safe and steals the money he finds. Although he didn’t “break in,” Tristan will still be charged with third-degree burglary.

Do I have to have already formed the intent to commit a crime?

Yes. It is not enough that you formed the intent to commit the crime after entering the premises. If the intent was formed to commit the crime after you entered, you are not guilty of burglary.

3. What other types of equipment count towards this offense?

It is not only the types of items listed above that can lead to a charge of third-degree burglary. Other items include but are not limited to:

• parking lot collection boxes,⁵
• telephone booths,
• slot machines,
• school lockers,
• glass display cases,⁶ and
• gym lockers secured with personal combination locks.⁷

If the item is a locked piece of equipment designed to protect valuables, it will likely fit this definition and can be the basis for a third-degree felony charge.

Example: Hector breaks into a local casino with the intent to steal money. He breaks into the slot machines, cash registers, and even hits the parking meters on the way out from his crime spree. He can be charged with third-degree burglary.

4. What are the penalties for this offense?

Third-degree burglary is usually a class 2 misdemeanor unless certain factors apply. A class 2 misdemeanor offense carries the following possible penalties:

• up to 120 days in jail and/or
• a fine of up to $750.

However, the offense becomes a class 1 misdemeanor if:

• the objective of the burglary is the
• theft of a controlled substance
• lawfully kept in or upon the property.

Penalties for third-degree burglary involving a controlled substance can include:

• up to 364 days in jail and/or
• up to $1,000 in fines.⁸

5. What defenses can I raise in my case?

To defend a case against third-degree burglary, you can raise defenses including but not limited to:

• you were lawfully on the property;
• you did not know you were unlawfully on the property;
• the container was not the type intended for the statute;
• intent to commit the crime was not formed until after you were already on the premises; or
• police misconduct occurred during the case.

Never assume that just because you are charged with a crime you will be found guilty. A good defense lawyer can often protect your freedoms and keep you out of prison.

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