Breaking and entering is often portrayed as a dramatic intrusion into someone’s home or business. Under Colorado law, however, the definition involves specific legal elements that may surprise you. To mount an effective defense against unlawful entry charges like burglary or trespassing, it helps to understand how Colorado defines breaking and entering, the varying degrees of related criminal charges, and the possible penalties you might face.
Don’t make the mistake of confronting the criminal justice system alone if you are facing breaking and entering charges. Instead, contact Peakstone Law Group and get help from an experienced criminal defense lawyer in Colorado Springs. We are ready to give you a free and confidential consultation.
Why You Need Our Criminal Defense Lawyers for Breaking and Entering Charges
If you’re accused of breaking and entering in Colorado Springs, you could be facing felony charges, lengthy prison sentences, and fines reaching into the tens of thousands of dollars.
A conviction for a property crime can leave a permanent mark on your criminal record. In many cases, the stigma from an accusation alone can damage your reputation and relationships, but Peakstone Law Group can help.
Colorado state law is strict when it comes to crimes like burglary and trespassing. For example, even simply entering a building or occupied structure without using force could lead to serious charges if prosecutors believe you intended to commit another crime once inside. That means that every detail matters. The sooner your defense team can begin reviewing the evidence, speaking to witnesses, and identifying weaknesses in the case against you, the better.
Legal Definition of Breaking and Entering in Colorado
Colorado law does not explicitly use the term “breaking and entering” in its criminal statutes. Instead, actions that might be described this way in everyday conversation are legally classified under burglary or criminal trespassing, depending on the circumstances.
In general, burglary occurs when someone unlawfully enters or remains in a building with the intent to commit a crime inside, usually theft. Burglary charges have no requirement for forced entry. Simply entering without permission, with criminal intent, can be enough for a burglary charge.
On the other hand, trespassing involves entering or remaining on someone’s property without authorization, regardless of whether there is intent to commit another crime. The degree of trespassing depends on the type of property and the conduct involved.
Degrees of Burglary and Trespassing Charges in Colorado
The seriousness and penalties of trespass or burglary charges depend on factors such as whether a weapon was involved, whether someone was threatened or injured, and whether the property in question was a home, business, or other structure.
First-Degree Burglary (C.R.S. § 18-4-202)
The most serious burglary charge with the most severe consequences, first-degree burglary in Colorado applies when someone knowingly enters or remains unlawfully in a building with intent to commit a crime and either assaults or menaces someone, is armed with explosives, or uses or threatens the use of a deadly weapon. It is classified as a Class 3 felony.
Second-Degree Burglary (C.R.S. § 18-4-203)
Second-degree burglary also involves unlawfully entering or remaining with intent to commit a crime, but without the violent aggravating factors that accompany first-degree burglary. It typically applies to homes, businesses, or other buildings. It is a Class 4 felony but may be elevated to a Class 3 felony under certain conditions.
Third-Degree Burglary (C.R.S. § 18-4-204)
Third-degree burglary involves breaking into objects like safety deposit boxes, vaults, coin vending machines, or cash registers with the intent to commit a crime. It is usually charged as a Class 5 felony. It may be elevated to a Class 4 felony if it involves controlled substances.
Criminal Trespassing Laws (C.R.S. §§ 18-4-502 to 18-4-504)
When someone unlawfully enters or remains on another person’s property without intent to commit another crime, it may be criminal trespass. Trespass is divided into three degrees. First-degree (a Class 5 felony) involves entering a home or motor vehicle with criminal intent. Second-degree involves fenced or enclosed premises and can be a misdemeanor or felony. Third-degree, typically a petty offense, covers general unauthorized presence on someone else’s property.
Penalties for Breaking and Entering in Colorado Springs
The penalties for breaking and entering-related offenses in Colorado Springs vary widely based on the severity of the charge and the circumstances involved. The most serious offenses, such as a Colorado first-degree burglary conviction, carry up to 12 years in prison and fines reaching $750,000.
Even less serious charges, like third-degree burglary or first-degree criminal trespass, can still result in years of incarceration, significant fines, and a permanent criminal record. Worse, the consequences extend beyond the courtroom. If convicted, it could potentially affect your employment, housing, immigration status, and future opportunities.
Possible Defenses Against Breaking and Entering Charges
Each case is unique, and an effective defense strategy depends on the specific facts and evidence involved. Some examples of common defenses to burglary or trespassing charges include:
- Lack of criminal intent – Showing that you did not intend to commit a crime after entering the premises
- Consent – Showing that you had permission to enter the property
- Mistaken identity – Arguing that you were not the person who committed the offense.
- Insufficient evidence – Challenging the prosecution’s ability to prove each element of the charge beyond a reasonable doubt
- Unlawful search or seizure – Suppressing evidence obtained in violation of your Constitutional rights
How Our Colorado Springs Criminal Defense Lawyers Can Help You
A breaking and entering charge in Colorado Springs can be overwhelming, but you don’t have to face the legal system alone. The experienced criminal defense lawyers at Peakstone Law Group understand the nuances of Colorado burglary and trespassing laws and can use that insight to protect your rights.
We’ll begin a thorough investigation of the facts, examine the prosecution’s case, and identify any available defenses. We focus on strategies tailored to your specific situation, whether that means negotiating a favorable plea deal, seeking a dismissal, or taking your case to trial.
Our legal team is committed to clear communication, straightforward guidance, and aggressive advocacy at every stage of your case. We’ve helped clients successfully fight breaking and entering charges, and we’re ready to do the same for you.
Contact our Colorado Springs criminal defense attorneys today for a confidential consultation, and let us help you protect your future.