Third degree burglary in Colorado

What the charge means

Third degree burglary is defined in C.R.S. 18-4-204. Prosecutors must prove beyond a reasonable doubt that:

• You entered or broke into a vault, safe, cash register, vending machine, product dispenser, money depository, safety deposit box, coin box, or other similar apparatus or equipment.
• You did so with intent to commit a crime, almost always theft of what was inside.

The target here is the container, not the building around it. Common scenarios include prying open a vending machine or parking meter, opening a cash register without authorization, and breaking into a safe at a workplace. If someone also entered the building unlawfully to reach the container, prosecutors can file second degree burglary on top of this charge, and the building charge is the more serious one.

Classification and sentencing

Under current law, third degree burglary is a class 2 misdemeanor. If the court imposes jail, the maximum is 120 days, and the fine can be up to $750. It rises to a class 1 misdemeanor when the objective was theft of a controlled substance kept in the container. If the court imposes jail at that level, the maximum is 364 days, and the fine can be up to $1,000.

Jail is not mandatory for either level. Probation, fines, useful public service, and other sentences are common outcomes, and the ranges above describe only what applies if the court orders incarceration.

One timing note matters. Before March 1, 2022, third degree burglary was a class 5 felony. Senate Bill 21-271 reduced it to a misdemeanor for offenses committed on or after that date, so the date of the alleged conduct controls which version applies.

What else it touches

Even as a misdemeanor, the charge has ripple effects:

• Record sealing. Dismissed or acquitted charges can usually be sealed right away. A class 2 misdemeanor conviction generally becomes eligible for sealing 2 years after the case closes, and a class 1 misdemeanor conviction after 3 years.
• Employment. This is a theft-related offense, and employers who handle cash or inventory pay close attention to it on background checks.
• Firearms. A misdemeanor conviction under this statute does not by itself trigger the felony firearm ban.
• Related charges. Theft and criminal mischief counts often ride along, and the total picture drives the real exposure.

We defend burglary charges as part of our Colorado criminal defense practice. A free consultation is the place to get answers about a specific situation, and we return calls and emails the same business day.