Colorado Burglary Laws: Degrees, Penalties & Make My Day

Colorado burglary laws divide the offense into three degrees, add a separate charge for possessing burglary tools, and set punishments that range from 120 days in jail for the lowest misdemeanor up to 24 years in prison for the most serious felony. What you’re charged with depends on three things: what you entered (a home, a store, a vending machine), whether anyone was threatened or hurt, and whether a weapon was involved. Every felony-level conviction also triggers mandatory parole and a permanent federal firearm ban.

First Degree Burglary

First degree burglary is the most serious tier because it combines an unlawful entry with actual violence or weapon use. A person commits this offense by knowingly entering or remaining unlawfully in a building or occupied structure with intent to commit a crime inside, when the person or an accomplice also assaults or menaces someone during the entry, while inside, or during the immediate escape.¹ It also applies when the person or an accomplice is armed with explosives, uses a deadly weapon, or possesses a deadly weapon and threatens to use it.

That last point trips people up. Simply carrying a weapon during a break-in does not automatically trigger first degree. The statute requires either actual use of the weapon or possession combined with a threat to use it.¹ A concealed knife that never leaves the pocket could still support a second degree charge, but prosecutors would need more to reach first degree.

Colorado defines a “deadly weapon” as any firearm, loaded or unloaded, or any knife, bludgeon, or other instrument capable of producing death or serious bodily injury in the manner it is used or intended to be used.² The qualifier matters. A screwdriver carried to pry open a window isn’t automatically a deadly weapon, but it becomes one if brandished to threaten an occupant.

First degree burglary is ordinarily a Class 3 felony. When the target is a controlled substance inside a pharmacy or other place lawfully holding drugs, the charge elevates to first degree burglary of controlled substances, a Class 2 felony.³

Second Degree Burglary

Second degree burglary covers unlawful entries made with intent to commit a crime inside, but without the violence or weapon use that defines first degree. A person commits this offense by knowingly breaking into, entering unlawfully, or remaining unlawfully in a building or occupied structure with intent to commit a crime against another person or property.⁴ “Remaining unlawfully” means you can pick up this charge by staying after permission expires, not just by breaking through a locked door.

The classification depends on what type of property was entered:

Class 3 felony: burglary of a dwelling, or burglary targeting controlled substances, firearms, or ammunition lawfully kept on the premises.⁴
Class 4 felony: burglary of an occupied structure or a building used for commercial business.
Class 5 felony: burglary of any other building not covered above.
Class 2 misdemeanor: entering a retail store during business hours in violation of a written no-trespass notice from the retailer or a court order barring the person from that location.

The dwelling distinction carries real weight. Breaking into a home to steal a laptop sits in the same felony class as a violent first degree burglary. Colorado treats the invasion of a place where people sleep as inherently more dangerous, whether or not anyone was home at the time.

Third Degree Burglary

Third degree burglary covers break-ins of secure containers rather than buildings. A person commits this offense by entering or breaking into any vault, safe, cash register, vending machine, safety deposit box, coin telephone, or similar equipment with intent to commit a crime.⁵ The statute is broad enough to cover essentially any locked or secured apparatus, whether or not it operates with coins.

Third degree burglary is a Class 2 misdemeanor. If the break-in targets a controlled substance lawfully kept in or on the property, it rises to a Class 1 misdemeanor.⁵ This makes third degree the only Colorado burglary charge that doesn’t carry a felony classification by default.

Possession of Burglary Tools

Colorado also criminalizes possessing tools designed or commonly used for forcible entry or physical theft when the person intends to use them, or knows someone else intends to use them, to commit such an offense.⁶ The statute covers explosives, lock picks, specialized instruments, and any article adapted for breaking in or stealing.

Owning a set of lock picks or a crowbar isn’t enough on its own. Prosecutors need evidence of criminal intent, which usually comes from the surrounding circumstances: being caught near a targeted building at night, possessing other stolen property, or carrying tools that have been modified for break-ins.

The default classification is a Class 2 misdemeanor. It jumps to a Class 5 felony when the tools were knowingly possessed to force entry into a residence for the purpose of a physical taking.⁷ The line between misdemeanor and felony here is whether the intended target was someone’s home.

Penalties by Felony Class

Colorado assigns presumptive prison ranges, fines, and mandatory parole periods to each felony class:⁸

Class 2 felony (first degree burglary of controlled substances): 8 to 24 years in prison, fines of $5,000 to $1,000,000, and 3 years of mandatory parole (5 years if classified as a crime of violence).
Class 3 felony (first degree burglary; second degree burglary of a dwelling): 4 to 12 years in prison, fines of $3,000 to $750,000, and 3 years of mandatory parole.⁹
Class 4 felony (second degree burglary of a commercial or occupied structure): 2 to 6 years in prison, fines of $2,000 to $500,000, and 3 years of mandatory parole.
Class 5 felony (second degree burglary of other buildings; possession of burglary tools targeting a residence): 1 to 3 years in prison, fines of $1,000 to $100,000, and 2 years of mandatory parole.

Third degree burglary and basic possession of burglary tools are Class 2 misdemeanors, carrying up to 120 days in jail and a fine of up to $750.¹⁰

These ranges can shift upward. If the offense qualifies as a “crime of violence” under Colorado law, the presumptive minimum jumps to the midpoint of the normal range and the maximum doubles. A Class 3 felony crime of violence carries 10 to 32 years instead of 4 to 12.⁸ First degree burglary, which by definition involves assault or weapon threats, is frequently charged this way.

Burglary vs. Criminal Trespass

The single factor that separates burglary from criminal trespass is intent to commit a crime inside. First degree criminal trespass in Colorado covers knowingly entering or remaining unlawfully in someone’s dwelling, or entering a motor vehicle with intent to commit a crime.¹¹ Walk into someone’s unlocked garage without permission and you’re looking at trespass. Walk in planning to steal a bicycle and prosecutors can charge burglary.

First degree criminal trespass of a dwelling is a Class 1 misdemeanor, rising to a Class 6 felony if the dwelling is inhabited or occupied.¹¹ Compare that with second degree burglary of a dwelling, which is a Class 3 felony carrying 4 to 12 years. The gap in punishment shows how much Colorado weights that mental element.

Burglary also differs from robbery. Robbery involves taking property directly from a person through force or threats. Burglary focuses on the unlawful entry itself, and can be committed inside an empty building.

Colorado’s Make My Day Law

If you’re thinking about the risk side of breaking into a home in Colorado, the criminal sentence isn’t the whole picture. The state’s “Make My Day” statute gives occupants unusually broad legal protection against intruders. Any occupant of a dwelling is justified in using any degree of physical force, including deadly force, when three conditions are met: the other person made an unlawful entry, the occupant reasonably believes that person has committed or intends to commit a crime beyond the entry itself, and the occupant reasonably believes the intruder might use any physical force, no matter how slight, against any occupant.¹²

That last element sets a remarkably low bar. The occupant doesn’t need to believe the intruder will use deadly force or cause serious injury. A reasonable belief that the intruder might use any physical force at all is enough. An occupant who meets all three conditions is immune from both criminal prosecution and civil liability for injuries or death.¹²

Common Defenses to Burglary Charges

Every burglary charge in Colorado requires the prosecution to prove that the defendant intended to commit a crime at the time of entry. That intent requirement is the most common point of attack.

No Intent at the Time of Entry

If you entered a building for a lawful reason and only formed criminal intent after getting inside, the entry itself wasn’t burglary. Someone who walks into an open store as a customer and then decides to shoplift has committed theft, but the entry wasn’t unlawful and wasn’t made with criminal purpose. Prosecutors must show the plan to commit a crime existed before or at the moment of entry. Cases often hinge on circumstantial evidence here: what the defendant was carrying, the time of entry, and whether forced entry occurred.

Authorized Entry

Burglary requires an unlawful entry or an unlawful remaining. Permission is a straightforward defense. It gets complicated when permission was limited (invited into the living room, not the bedroom) or conditional (permitted in the office during business hours, not at midnight). The “remaining unlawfully” language means that even an initially lawful entry can become criminal if the person stays beyond the scope of permission with intent to commit a crime.⁴

Claim of Right

When the intended “crime” inside was taking property the defendant genuinely believed belonged to them, the prosecution may struggle with the intent element. A good-faith belief in ownership or authorization can negate the criminal intent required for burglary. The belief doesn’t have to be legally correct, but it does have to be honestly held. Courts look at communications, prior arrangements, and ownership history to evaluate whether the belief was genuine.

Long-Term Consequences of a Felony Conviction

Prison time and fines are just the start. A felony burglary conviction creates collateral consequences that follow a person for years or permanently.

Federal law prohibits anyone convicted of a crime punishable by more than one year of imprisonment from possessing firearms or ammunition.¹³ Every felony-level Colorado burglary conviction meets that threshold, so the ban applies across the board. Violating it is a separate federal felony. The ban is permanent unless the conviction is expunged or a specific restoration of rights is obtained.

Employment becomes significantly harder. Most employers run background checks, and a burglary conviction signals dishonesty and disregard for property. Jobs involving access to homes, financial information, or cash handling are largely off the table. Professional licensing boards in healthcare, education, law, and real estate routinely deny or revoke licenses based on felony convictions. Housing is similarly affected, since most landlords screen for criminal history.

Mandatory parole brings its own restrictions: regular check-ins with a parole officer, travel limitations, and conditions that can send a person back to prison for violations. For Class 3 felony convictions, that parole period is three years on top of whatever prison time was served.⁸

1
Justia. Colorado Code 18-4-202 – First Degree Burglary
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Justia. Colorado Code 18-1-901 – Definitions
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Justia. Colorado Code 18-4-202 – First Degree Burglary
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Justia. Colorado Code 18-4-203 – Second Degree Burglary
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Justia. Colorado Code 18-4-204 – Third Degree Burglary
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Justia. Colorado Code 18-4-205 – Possession of Burglary Tools
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FindLaw. Colorado Code 18-4-205 – Possession of Burglary Tools
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FindLaw. Colorado Code 18-1.3-401 – Felonies Classification Presumptive Penalties
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Justia. Colorado Code 18-1.3-401 – Felonies Classification Presumptive Penalties
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FindLaw. Colorado Code 18-1.3-501 – Misdemeanors Classification Penalties
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Justia. Colorado Code 18-4-502 – First Degree Criminal Trespass
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Justia. Colorado Code 18-1-704.5 – Use of Deadly Physical Force Against an Intruder
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Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts