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The Colorado Crime of First Degree Burglary 18-4-202
To understand the Colorado Criminal Code and more specifically the charge or charges in the Complaint and Information or Grand Jury Indictment against you – you need TWO things.
I. You Will Need To Understand The Actual Statutory Crime With Which You Have Been Charged
– The statute, as of 2016, appears first on this page.
II. You Will Also Need To Understand How The Jury Or Judge Reads The Elements – ( a jury instruction “breakout” of the necessary parts or list of things that make up the crime)
– The Jury Instructions for most of the main forms of the crimes with which individuals are charged – appears after a reprint of the statute defining the crime.
The Colorado Statute Creating The Crime Of First Degree Burglary
18-4-202. First degree burglary
| (2) | First degree burglary is a class 3 felony. |
| (3) | If under the circumstances stated in subsection (1) of this section the property involved is a controlled substance, as defined in section 18-18-102(5), within a pharmacy or other place having lawful possession thereof, such person commits first degree burglary of controlled substances, which is a class 2 felony. |
Cite as C.R.S. § 18-4-202
What Follows Are The Colorado Criminal Jury Instructions For First Degree Burglary
FIRST DEGREE BURGLARY 18-4-202
The elements of the crime of first degree burglary are:
1. That the defendant,
2. in the State of Colorado, at or about the date and place charged,
3. knowingly,
4. entered unlawfully, or remained unlawfully after a lawful or unlawful entry,
5. in a building or occupied structure,
6. with intent,
7. to commit therein the crime[s] of [insert name(s) of offense(s)], + against another person or property, and
8. in effecting entry or while in the building or occupied structure or in immediate flight from the building or occupied structure,
[9. the defendant or another participant in the crime committed the crime of assault or the crime of menacing against any person.]
[9. the defendant or another participant in the crime was armed with explosives.]
[9. the defendant or another participant in the crime used a deadly weapon or possessed and threatened the use of a deadly weapon.] [10. and that the defendant’s conduct was not legally authorized by the affirmative defense[s] in Instruction[s] ___.]
To enlarge the Colorado Felony Sentencing below – Click on the chart until it opens:
Other Articles of Interest:
- The Colorado Burglary Crimes
- The Colorado Crime Of Second Degree Burglary 18-4-203
- The Colorado Crime Of Possession Of Burglary Tools 18-4-205
- The Colorado Crime of Third Degree Burglary 18-4-204
- Understanding The Fight – Mutual Combat – And Colorado Self Defense Law
