In Colorado, burglary is defined as entering someone else’s property without permission or remaining without permission with the intent to commit another crime. Typically, the additional crime is theft, but not always.
A person may be charged with burglary if, for example, that person enters another’s home and while inside the home assaults another person or breaks the other person’s property. The type of burglary will dictate the possible penalties. For example, second degree burglary is a class four felony, while first degree burglary is a class three felony.
Theft involves taking someone else’s property without their consent with the intent to permanently deprive that person of their property. Theft can be charged in municipal court or state court. Some thefts are misdemeanors while others are felonies, but can include a low level shoplifting to embezzlement or auto theft. Depending on the facts and circumstances, the penalties for theft range from fines to jail time to prison time.
Simple robbery and aggravated robbery are types of theft distinguished by the use of force, intimidation, or threats. Simple robbery need not involve a weapon, while aggravated robbery requires use of a real or even simulated weapon. Robbery, whether simple or aggravated, is a felony in Colorado. These charges can result in lengthy prison sentences, severe fines, and restitution. In fact, when there is an allegation that a deadly weapon was used in the robbery, Colorado imposes a mandatory prison sentence with a mandatory parole period to follow.