Understanding the Difference Between Burglary and Robbery in Colorado: Definitions, Penalties, and Aggravating Factors

A lot of people tend to use the terms “burglary” and “robbery” interchangeably; however, these types of crimes have very different elements. While these offenses are often confused in everyday conversation, they are separate crimes under Colorado law, each carrying distinct legal definitions, required elements, and penalties. In this post we’ll cover the differences between burglary and robbery in Colorado, explore the elements of each offense, and examine how aggravating factors like the use of weapons or harm to victims can elevate the severity of these charges.

Burglary in Colorado: Unlawful Entry with Criminal Intent

Definition: Under Colorado law, burglary is defined as unlawfully entering or remaining in a building or structure with the intent to commit a crime therein (not limited to theft). The statute governing burglary can be found under C.R.S. § 18-4-202 through 18-4-204, covering different degrees of burglary.

It’s important to note:

• Burglary is primarily a crime against property, although it may also involve risk to persons if violence occurs.
• The underlying crime intended inside the premises can be theft, assault, vandalism, or any other offense.
  

Degrees of Burglary

1. Third-Degree Burglary (C.R.S. § 18-4-204):
   • Occurs when a person breaks into or unlawfully enters a vault, safe, cash register, or similar equipment.
   • Common in cases involving tampering with ATMs or vending machines.
   • Third degree burglary is a class 2 misdemeanor, but it is a class 1 misdemeanor if it is a burglary, the objective of which is the theft of a controlled substance.
     
     
2. Second-Degree Burglary (C.R.S. § 18-4-203):
   • Involves unlawfully entering or remaining in a building or occupied structure with the intent to commit a crime.
   • Class 4 felony generally, but it ranges from a Class 3 felony to a Class 2 misdemeanor, depending on the circumstances/facts. It becomes a Class 3 felony if:
     • The offense occurs in a dwelling (home burglary),
     • The intent is to steal controlled substances,
     • Or the target is a pharmacy or other place with drugs.
   • Penalties can include 4–12 years in prison and fines up to $750,000.
   • Second degree burglary is a class 2 misdemeanor if the person knowingly violated a written notice by a retailer or an order by a court of lawful jurisdiction specifically restraining a person from entering a particular retail location during hours which the retail store is open to the public.
     
     
3. First-Degree Burglary (C.R.S. § 18-4-202):
   • The most serious burglary charge.
   • Occurs when, during the act of burglary:
     • The defendant assaults or menaces any person,
     • Or is armed with explosives or a deadly weapon.
   • Class 3 felony, punishable by 4–12 years in prison, and potentially more if aggravators apply (e.g., violent crime enhancer).

Aggravating Factors in Burglary

• Use or possession of a weapon,
• Assault or menacing during the burglary,
• Targeting of homes, pharmacies, or locations with controlled substances,
• Prior convictions for similar offenses.

Robbery in Colorado: Theft by Force or Threat of Force

Definition: Robbery, by contrast, is a crime against a person. It involves taking property from someone by using force, threats, or intimidation. The applicable statute is C.R.S. § 18-4-301 through 18-4-303.

Unlike burglary, robbery requires direct confrontation between the accused and the victim — it is inherently violent or threatening in nature.

Types of Robbery

1. Simple Robbery (C.R.S. § 18-4-301):
   • Taking anything of value from another person by the use of force, threats, or intimidation.
   • Class 4 felony, punishable by 2–6 years in prison and fines up to $500,000.
2. Aggravated Robbery (C.R.S. § 18-4-302):
   • Involves the use of a deadly weapon, or if the defendant represents verbally or through actions that they are armed.
   • Can also apply if an accomplice is armed, or if the defendant wounds or strikes the victim during the robbery.
   • Class 3 felony, an extraordinary risk crime, and carries mandatory sentencing enhancements under Colorado’s violent crime statutes.
   • If the weapon is discharged or serious bodily injury results, penalties increase substantially.

Aggravating Factors in Robbery

• Use or display of a weapon (even an unloaded one),
• Threats of deadly force,
• Causing injury to the victim,
• Targeting of vulnerable victims or drug facilities,
• Robbery as part of organized crime.

Comparing Burglary and Robbery: Key Differences

Why the Distinction between Burglary and Robbery Matters?

The difference between burglary and robbery is more than just semantics — it can have a major impact on how a case proceeds through the criminal justice system in Colorado.

• Sentencing Enhancements: Robbery charges, especially aggravated robbery, often come with mandatory prison time due to Colorado’s sentencing laws for violent crimes.
• Defense Strategies: Defending against burglary charges often hinges on challenging the intent to commit a crime inside the property, while robbery defenses may focus on contesting the use of force or ownership of the property.
• Restitution and Victim Impact: Both charges will typically involve restitution. Because robbery involves direct victims, courts may order restitution for physical harm in addition to stolen property. Robbery is a crime that falls under Colorado’s Victim Rights Act (VRA). First Degree Burglary also is a VRA crime.

Final Thoughts

Facing burglary or robbery charges in Colorado is a serious matter. Both crimes carry felony penalties and the possibility of significant prison time, especially when weapons or violence are involved. However, understanding the differences between these offenses is the first step toward building an effective legal defense or making informed decisions in your case.

If you or someone you love has been charged with burglary, robbery, or any related offense in Colorado, it is crucial to consult with an experienced criminal defense attorney. Early intervention can make the difference between a favorable outcome and the harshest penalties the law allows. Give us a call at 719-227-0022, or contact us for a free consultation to discuss your case.