Colorado criminal charge
Third degree burglary in Colorado
Third degree burglary is a criminal offense under Colorado law, defined by C.R.S. § 18-4-204. 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. § 18-4-204.
What is the penalty for third degree burglary in Colorado?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 120 days (no statutory minimum) (Third degree burglary — general — Applies to third degree burglary generally, when the objective is not theft of a controlled substance.) | discretionary | C.R.S. § 18-1.3-501 |
| Fine | up to 750 usd (no statutory minimum) (Third degree burglary — general — Applies to third degree burglary generally, when the objective is not theft of a controlled substance.) | discretionary | C.R.S. § 18-1.3-501 |
| Jail / prison | up to 364 days (no statutory minimum) (Third degree burglary — controlled substance objective — Applies when the objective of the burglary is theft of a controlled substance lawfully kept in or upon the property burglarized.) | discretionary | C.R.S. § 18-1.3-501 |
| Fine | up to 1000 usd (no statutory minimum) (Third degree burglary — controlled substance objective — Applies when the objective of the burglary is theft of a controlled substance lawfully kept in or upon the property burglarized.) | discretionary | C.R.S. § 18-1.3-501 |
Applies to offenses on/after 2022-03-01 (SB21-271).
How is third degree burglary classified in Colorado?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Third degree burglary — general | class 2 misdemeanor | Applies to third degree burglary generally, when the objective is not theft of a controlled substance. | 18-4-204(2) |
| Third degree burglary — controlled substance objective | class 1 misdemeanor | Applies when the objective of the burglary is theft of a controlled substance lawfully kept in or upon the property burglarized. | 18-4-204(2) |
Common questions about third degree burglary in Colorado
Is third degree burglary a felony or a misdemeanor in Colorado?
It depends on the circumstances: third degree burglary ranges from a class 2 misdemeanor to a class 1 misdemeanor in Colorado under C.R.S. § 18-4-204.
Third degree burglary — general: class 2 misdemeanor (C.R.S. § 18-4-204(2)) · Third degree burglary — controlled substance objective: class 1 misdemeanor (C.R.S. § 18-4-204(2))
What are the penalties for third degree burglary in Colorado?
Penalties for third degree burglary in Colorado depend on how it is classified — from a class 2 misdemeanor up to a class 1 misdemeanor — with the ranges set by C.R.S. § 18-1.3-501; the full table of ranges by variant is published on this page.
Which Colorado statute covers third degree burglary?
Third degree burglary is governed by C.R.S. § 18-4-204 (Third degree burglary).
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.