Colorado criminal charge
Possession of burglary tools in Colorado
Possession of burglary tools is a criminal offense under Colorado law, defined by C.R.S. § 18-4-205. Its classification is not fixed: Colorado assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by C.R.S. § 18-4-205.
What is the penalty for possession of burglary tools in Colorado?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 120 days (Possession of burglary tools — base offense — Applies generally to possession of burglary tools as defined in subsection (1), absent the aggravating factor of intended forcible entry into a residence.) | discretionary | C.R.S. § 18-1.3-501 |
| Fine | up to $750 (Possession of burglary tools — base offense — Applies generally to possession of burglary tools as defined in subsection (1), absent the aggravating factor of intended forcible entry into a residence.) | discretionary | C.R.S. § 18-1.3-501 |
| Jail / prison | 1 years to 3 years (Possession of burglary tools — intended forcible entry into residence — Applies when the burglary tools were knowingly possessed to facilitate a forcible entry into a residence for the purpose of a physical taking.) | presumptive | C.R.S. § 18-1.3-401 |
| Fine | $1,000 to $100,000 (Possession of burglary tools — intended forcible entry into residence — Applies when the burglary tools were knowingly possessed to facilitate a forcible entry into a residence for the purpose of a physical taking.) | discretionary | C.R.S. § 18-1.3-401 |
| Parole / supervision | 2 years to 2 years (Possession of burglary tools — intended forcible entry into residence — Applies when the burglary tools were knowingly possessed to facilitate a forcible entry into a residence for the purpose of a physical taking.; mandatory parole) | mandatory | C.R.S. § 18-1.3-401 |
Applies to offenses on/after 2022-03-01 (SB21-271).
How is possession of burglary tools classified in Colorado?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Possession of burglary tools — base offense | Class 2 Misdemeanor | Applies generally to possession of burglary tools as defined in subsection (1), absent the aggravating factor of intended forcible entry into a residence. | 18-4-205(2) |
| Possession of burglary tools — intended forcible entry into residence | Class 5 Felony | Applies when the burglary tools were knowingly possessed to facilitate a forcible entry into a residence for the purpose of a physical taking. | 18-4-205(2) |
Common questions about possession of burglary tools in Colorado
Is possession of burglary tools a felony or a misdemeanor in Colorado?
It depends on the circumstances: possession of burglary tools ranges from a Class 2 Misdemeanor to a Class 5 Felony in Colorado under C.R.S. § 18-4-205.
Possession of burglary tools — base offense: Class 2 Misdemeanor (C.R.S. § 18-4-205(2)) · Possession of burglary tools — intended forcible entry into residence: Class 5 Felony (C.R.S. § 18-4-205(2))
What are the penalties for possession of burglary tools in Colorado?
Penalties for possession of burglary tools in Colorado depend on how it is classified — from a Class 2 Misdemeanor up to a Class 5 Felony — with the ranges set by C.R.S. § 18-1.3-501 and C.R.S. § 18-1.3-401; the full table of ranges by variant is published on this page.
Which Colorado statute covers possession of burglary tools?
Possession of burglary tools is governed by C.R.S. § 18-4-205 (Possession of burglary tools).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.