Contact Us
    Contact Us

    Please use the contact form to send us an email - and receive a response within 12 hours.

    Emergency? Call 720-220-2277 (24/7)







Map To Our Office
Read Out Blog
Case Evaluation
Charged With A Crime?

The Colorado Crime of First Degree Burglary 18-4-202

The Colorado Crime of First Degree Burglary 18-4-202

To understand the Colorado Criminal Code and more specifically the charge or charges in the Complaint and Information or Grand Jury Indictment against you – you need TWO things.

I. You Will Need To Understand The Actual Statutory Crime With Which You Have Been Charged

– The statute, as of 2016, appears first on this page.

II. You Will Also Need To Understand How The Jury Or Judge Reads The Elements – ( a jury instruction “breakout” of the necessary parts or list of things that make up the crime)

– The Jury Instructions for most of the main forms of the crimes with which individuals are charged – appears after a reprint of the statute defining the crime.

The Colorado Statute Creating The Crime Of First Degree Burglary

18-4-202. First degree burglary

(1) A person commits first degree burglary if the person knowingly enters unlawfully, or remains unlawfully after a lawful or unlawful entry, in a building or occupied structure with intent to commit therein a crime, other than trespass as defined in this article, against another person or property, and if in effecting entry or while in the building or occupied structure or in immediate flight therefrom, the person or another participant in the crime assaults or menaces any person, the person or another participant is armed with explosives, or the person or another participant uses a deadly weapon or possesses and threatens the use of a deadly weapon.
(2) First degree burglary is a class 3 felony.
(3) If under the circumstances stated in subsection (1) of this section the property involved is a controlled substance, as defined in section 18-18-102(5), within a pharmacy or other place having lawful possession thereof, such person commits first degree burglary of controlled substances, which is a class 2 felony.

Cite as C.R.S. § 18-4-202

What Follows Are The Colorado Criminal Jury Instructions For First Degree Burglary

FIRST DEGREE BURGLARY 18-4-202

The elements of the crime of first degree burglary are:

1. That the defendant,

2. in the State of Colorado, at or about the date and place charged,

3. knowingly,

4. entered unlawfully, or remained unlawfully after a lawful or unlawful entry,

5. in a building or occupied structure,

6. with intent,

7. to commit therein the crime[s] of [insert name(s) of offense(s)], + against another person or property, and

8. in effecting entry or while in the building or occupied structure or in immediate flight from the building or occupied structure,

[9. the defendant or another participant in the crime committed the crime of assault or the crime of menacing against any person.]

[9. the defendant or another participant in the crime was armed with explosives.]

[9. the defendant or another participant in the crime used a deadly weapon or possessed and threatened the use of a deadly weapon.] [10. and that the defendant’s conduct was not legally authorized by the affirmative defense[s] in Instruction[s] ___.]

To enlarge the Colorado Felony Sentencing below – Click on the chart until it opens: 

Colorado Felony Offenses Chart

 

 

 

 

Summary
Article Name
The Colorado Crime of First Degree Burglary 18-4-202
Author

Other Articles of Interest:

If you found the information provided on this webpage to be helpful, please click my Plus+1 button so that others may also find it.

___________________________
H. Michael Steinberg Esq.
Attorney and Counselor at Law
The Colorado Criminal Defense Law Firm of H. Michael Steinberg
A Denver, Colorado Lawyer Focused Exclusively On
Colorado Criminal Law For Over 30 Years.
DTC Quadrant Building
5445 DTC Parkway, Penthouse 4
Greenwood Village, Colorado, 80111
Primary Web Site:  http://www.HMichaelSteinberg.com
Colorado Criminal Law Blog:  www.Colorado-Criminal-Lawyer-Online.com
Main:  303.627.7777
Cell:  720.220.2277
24/7 Pager:  303.543.4433
FAX (Toll Free):  1.877.533.6276
Always investigate a lawyer's qualifications and experience before making a
decision to retain that lawyer or, for that matter, any professional ...in any field.