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Third Degree Burglary Colorado | Law and Penalties

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

Third degree burglary in Colorado occurs when someone enters or breaks into a safe, vault, cash register, or similar device with the intent to commit a crime.

Unlike other burglary charges, this offense focuses on containers and equipment rather than buildings. As a result, these cases often arise from allegations involving machines, storage devices, or secured property.

Quick Answer

Under C.R.S. § 18-4-204, this offense involves entering or breaking into a protected device with intent to commit a crime. Most cases are misdemeanors, but classification can increase depending on the objective.

How Colorado Defines Third Degree Burglary

Colorado law applies this charge to situations involving vaults, safes, vending machines, product dispensers, deposit boxes, and similar equipment.

In contrast to first degree burglary or second degree burglary, the statute does not require entry into a building. Instead, it focuses on interference with devices used to store money or property.

Because of that distinction, many cases involve relatively small-scale allegations, but the legal consequences can still be meaningful.

What the Prosecutor Must Prove to Convict You of Third Degree Burglary

To obtain a conviction, the prosecution must prove your intent to commit a crime and your unlawful entry into the device or equipment. In most cases, intent becomes the key issue.

Required Elements

  • Breaking into or entering a protected device
  • The device includes safes, machines, or storage equipment
  • Intent to commit a crime

Since prosecutors often rely on circumstantial evidence, the facts surrounding a third degree burglary charge play a major role in how the case develops.

Common Situations That Lead to Third Degree Burlgary Charges

Third degree burglary cases often come from everyday situations where intent is disputed.

  • Alleged tampering with a vending machine
  • Attempting to access a locked cash register
  • Interfering with a deposit box or safe
  • Handling coin-operated devices without authorization

Because these situations vary widely, the outcome often depends on how the evidence is interpreted.

Penalties and Classification for Third Degree Burglary

Most third degree burglary cases fall under misdemeanor classifications. However, the severity can increase depending on what the person allegedly intended to take.

Scenario Classification Key Detail
Standard offense Class 2 Misdemeanor Most common classification
Controlled substance objective Class 1 Misdemeanor More serious misdemeanor

Even as a misdemeanor, a conviction can lead to jail time, fines, and a lasting criminal record.

Possible Defenses To Third Degree Burglary

Defenses to third degree burglary often focus on whether the prosecution can actually prove intent and unlawful entry.

  • Lack of intent to commit a crime
  • No actual breaking or entry
  • Mistaken identity
  • Insufficient evidence

In many cases, these issues can significantly weaken the prosecution’s position.

Charges Related Third Degree Burglary

Takeaway

Third degree burglary cases focus on intent and access to secured devices. While often charged as misdemeanors, the facts and evidence still play a critical role in how the case is resolved.