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The Colorado Crime of Third Degree Burglary 18-4-204
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 Criminal Statute That Creates The Colorado Crime Of Third Degree Burglary 18-4-204
18-4-204. Third degree burglary
| (2) | Third degree burglary is a class 5 felony, but it is a class 4 felony if it is a burglary, the objective of which is the theft of a controlled substance, as defined in section 18-18-102(5), lawfully kept in or upon the property burglarized. |
The Colorado Criminal Jury Instruction For The Crime Of Third Degree Burglary 18-4-204
THIRD DEGREE BURGLARY 18-4-204
The elements of the crime of third degree burglary are:
1. That the defendant,
2. in the State of Colorado, at or about the date and place charged,
3. with intent,
4. to commit the crime[s] of [insert name of offense(s)],
5. entered or broke into,
6. any vault, safe, cash register, coin vending machine, product dispenser, money depository, safety deposit box, coin telephone, coin box, or other apparatus or equipment whether or not coin operated.
[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 the chart until it opens:
THIRD DEGREE BURGLARY
The elements of the crime of third degree burglary are:
1. That the defendant,
2. in the State of Colorado, at or about the date and place charged,
3. with intent,
4. to commit the crime[s] of [insert name of offense(s)],
5. entered or broke into,
6. any vault, safe, cash register, coin vending machine, product dispenser, money depository, safety deposit box, coin telephone, coin box, or other apparatus or equipment whether or not coin operated.
[7. and that the defendant’s conduct was not legally authorized by the affirmative defense[s] in Instruction[s] ___.]
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 First Degree Burglary 18-4-202
- Understanding The Fight – Mutual Combat – And Colorado Self Defense Law
