Burglary in the Third Degree (C.R.S. § 18-4-204) in Colorado

If you’ve been arrested or charged with third-degree burglary in Colorado, you’re probably wondering what happens next. Will you go to jail? Will this show up on your record? Can you actually fight this?

Here’s the truth: a third-degree burglary charge can follow you for years if you don’t handle it the right way. Even though the law recently reduced the classification of this offense, the consequences are still serious enough to impact your employment, housing, and future.

You need a criminal defense lawyer who understands this statute inside and out. Contact Dawson Law Office today for a free consultation before the prosecution builds its case against you.

What is Third-Degree Burglary Under C.R.S. § 18-4-204?

Under Colorado Revised Statute § 18-4-204, a person commits third-degree burglary when they enter or break into a specific type of secured property with the intent to commit a crime inside.

The statute specifically targets entry into objects like:

• Vaults and safes
• Cash registers
• Coin vending machines and product dispensers
• Money depositories
• Safety deposit boxes
• Coin telephones and coin boxes
• Other apparatus or equipment, whether or not coin operated

Notice something important here. Third-degree burglary doesn’t involve breaking into a home or occupied building. That’s what separates it from first-degree and second-degree burglary, which carry much more severe felony penalties.

Third-degree burglary is focused on breaking into secured containers and machines with criminal intent.

What the Prosecution Must Prove

To convict you of third-degree burglary, the prosecutor must prove every single element of this offense beyond a reasonable doubt. Miss one element, and they can’t get a conviction.

The prosecution must establish that:

1. You entered or broke into a vault, safe, cash register, vending machine, or other apparatus covered under the statute.
2. You had the intent to commit a crime at the time you entered or broke into the property.
3. You acted knowingly, meaning you were aware of what you were doing.

That second element is critical. Intent must exist before or at the time of the entry. If you didn’t form the intent to commit a crime until after you were already inside or had access, the prosecution’s case has a serious problem.

Penalties for Third-Degree Burglary in Colorado

Colorado’s sentencing landscape for third-degree burglary changed significantly in 2022. Under SB 21-271, which took effect on March 1, 2022, the classification was reduced from a felony to a misdemeanor.

Here’s what you’re facing under current law:

Standard Third-Degree Burglary — Class 2 Misdemeanor

• Up to 120 days in county jail
• Fines up to $750
• A criminal record that can affect employment and housing

Third-Degree Burglary Involving Controlled Substances — Class 1 Misdemeanor

If the objective of the burglary was the theft of a controlled substance lawfully kept on the property, the charge is elevated to a class 1 misdemeanor. Penalties include:

• Up to 364 days in county jail
• Fines up to $1,000
• Mandatory drug evaluation and potential treatment

Even as a misdemeanor, a conviction leaves you with a criminal record. Employers, landlords, and licensing boards can see it. And if you’re facing other charges alongside the burglary count, the penalties can stack.

Offenses Committed Before March 1, 2022

If the alleged offense occurred before March 1, 2022, the old sentencing framework still applies. Under the prior law, third-degree burglary was a class 5 felony punishable by 1 to 3 years in prison and fines up to $100,000. If controlled substances were involved, it was elevated to a class 4 felony with 2 to 6 years in prison.

The timing of the alleged offense matters enormously. Your attorney needs to know exactly when the incident occurred to determine which penalties apply.

Defense Strategies for Third-Degree Burglary Charges

An accusation is not a conviction. There are several defenses that a skilled criminal defense attorney can raise on your behalf.

Lack of Intent

This is often the strongest defense. The prosecution must prove you intended to commit a crime before or at the time you entered or broke into the property. If you can demonstrate that no criminal intent existed at that moment, the charge doesn’t hold.

For example, if you opened a cash register out of curiosity with no plan to steal anything, the intent element may not be satisfied.

The Property Wasn’t Covered by the Statute

C.R.S. § 18-4-204 applies only to specific types of property: vaults, safes, cash registers, vending machines, money depositories, safety deposit boxes, and similar apparatus. If the property in question doesn’t fit within the statute’s definition, you may have a viable defense.

Insufficient Evidence

The burden of proof rests entirely on the prosecution. If there’s no surveillance footage, no eyewitness testimony, no fingerprints, and no credible evidence tying you to the alleged crime, the case may fall apart.

Mistaken Identity

Burglary cases sometimes rely on circumstantial evidence or unreliable witness identification. If someone else committed the offense, your attorney can investigate and present evidence that challenges the identification.

Constitutional Violations

If law enforcement violated your rights during the investigation or arrest, certain evidence may be thrown out. This includes illegal searches, failure to read Miranda rights, or coerced statements. Evidence obtained in violation of your Fourth Amendment or Fifth Amendment rights can be suppressed, weakening or even destroying the prosecution’s case.

How Third-Degree Burglary Differs from Other Burglary Charges

Colorado recognizes three degrees of burglary, and understanding where your charge falls is essential.

First-Degree Burglary (C.R.S. § 18-4-202) involves knowingly entering or remaining unlawfully in a building or occupied structure with intent to commit a crime, and the defendant or another participant is armed, possesses or threatens to use a deadly weapon, or assaults or menaces any person. This is a class 3 felony carrying 4 to 12 years in prison.

Second-Degree Burglary (C.R.S. § 18-4-203) involves knowingly breaking into or entering, or remaining unlawfully in, a building or occupied structure with the intent to commit a crime. This ranges from a class 4 felony down to a class 2 misdemeanor depending on the circumstances.

Third-Degree Burglary (C.R.S. § 18-4-204) is narrowly focused on breaking into secured containers and equipment. It carries the least severe penalties of the three degrees.

Your attorney should evaluate whether the charges accurately reflect the facts. If prosecutors have overcharged you, a strong defense can push for a reduction to the appropriate level.

What to Do After Being Charged

Time works against you. The sooner you act, the more options you have. Here’s what you should do immediately after being arrested or charged:

Stay silent. You have the right to remain silent. Use it. Don’t try to explain yourself to the police. Anything you say will be used against you.

Don’t discuss your case. Avoid talking about the incident with friends, family, or on social media. These conversations can become evidence.

Contact a criminal defense lawyer immediately. An experienced attorney can start investigating your case, preserving evidence, and building your defense before the prosecution gains more ground.

Show up to every court date. Missing a court appearance can result in a warrant for your arrest and additional charges.

Why Choose Dawson Law Office

At Dawson Law Office, we’ve defended clients against burglary charges throughout Colorado. We know how prosecutors build these cases, and we know how to take them apart.

We’ll investigate every detail of your case, challenge the prosecution’s evidence, and fight aggressively for the best possible outcome. Whether that means getting your charges reduced, dismissed, or winning at trial, we’re prepared.

Don’t let a third-degree burglary charge define your future. Contact us today for a free, confidential consultation. The prosecution is already working against you. It’s time to level the playing field.