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The Colorado Crime of Third Degree Burglary 18-4-204

The Colorado Crime of Third Degree Burglary 18-4-204To 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 Criminal Statute That Creates The Colorado Crime Of Third Degree Burglary 18-4-204

18-4-204. Third degree burglary

(1) 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.
(2) Third degree burglary is a class 5 felony, but it is a class 4 felony if 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 in or upon the property burglarized.

The Colorado Criminal Jury Instruction For The Crime Of Third Degree Burglary 18-4-204

THIRD DEGREE BURGLARY 18-4-204

The elements of the crime of third degree burglary are:

1. That the defendant,

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

3. with intent,

4. to commit the crime[s] of [insert name of offense(s)],

5. entered or broke into,

6. 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.

[7. and that the defendant’s conduct was not legally authorized by the affirmative defense[s] in Instruction[s] ___.]

 

To enlarge the Colorado Felony Sentencing Chart below click on the chart until it opens:

Colorado Felony Offenses Chart

 

 

 

 

 

 

 

 

 

 

 

 

 

 

THIRD DEGREE BURGLARY

The elements of the crime of third degree burglary are:

1. That the defendant,

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

3. with intent,

4. to commit the crime[s] of [insert name of offense(s)],

5. entered or broke into,

6. 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.

[7. and that the defendant’s conduct was not legally authorized by the affirmative defense[s] in Instruction[s] ___.]

 

 

 

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___________________________
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.
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