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The Colorado Crime Of Second Degree Burglary 18-4-203
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 That Creates The Colorado Crime of Second Degree Burglary 18-4-203
18-4-203. Second degree burglary
| (2) | Second degree burglary is a class 4 felony, but it is a class 3 felony if:
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What Follows Is The Colorado Criminal Jury instruction for Second Degree Burglary 18-4-203
SECOND DEGREE BURGLARY 18-4-203
The elements of the crime of second degree burglary are:
1. That the defendant,
2. in the State of Colorado, at or about the date and place charged,
3. knowingly,
4. broke an entrance into, entered unlawfully in, or remained unlawfully after a lawful or unlawful entry in,
5. a building or occupied structure,
6. with intent to commit therein the crime[s] of [insert name(s) of offense(s)] against another person or property.
[7. and that the defendant’s conduct was not legally authorized by the affirmative defense[s] in Instruction[s] ___.]
To enlarge the Colorado Felony Sentencing Chart below – click on it until it opens:
Other Articles of Interest:
- The Colorado Burglary Crimes
- The Colorado Crime Of Possession Of Burglary Tools 18-4-205
- The Colorado Crime of Third Degree Burglary 18-4-204
- The Colorado Crime of First Degree Burglary 18-4-202
- Understanding The Fight – Mutual Combat – And Colorado Self Defense Law
