Colorado Burglary by Breaking and Entering

• Category: Criminal - Jury Instructions
• State: Multi-State
• Control #: US-00877
• Format: Word; Rich Text

Description

Sample Jury Instruction - This sample jury instruction pertains to a Defendant's indictment for the crime of burglary (including all elements of the crime). Colorado Burglary by Breaking and Entering refers to the act of unlawfully entering a structure or dwelling with the intention of committing a theft or other felony. It is considered a serious criminal offense under Colorado law. This crime involves forcibly gaining access to a property by breaking doors, windows, or any other entry points. The Colorado Revised Statutes (C.R.S. § 18-4-202) define burglary by breaking and entering as knowingly and unlawfully entering or remaining in a building or occupied structure with the intent to commit a crime inside. The key elements of this crime are: 1. Breaking: This refers to forcefully gaining entry to a structure, such as by breaking doors, windows, locks, or any other physical barriers. 2. Entering: Once the unlawful entry has occurred, the perpetrator is considered to have committed the act of breaking and entering. It is not necessary for the entire body to be inside the structure; even extending a hand or arm inside can suffice. It is important to note that mere trespassing without intent to commit a crime inside does not constitute burglary by breaking and entering. Intent to commit a crime is a crucial element in this offense. Colorado recognizes different types of burglary based on the circumstances and the nature of the crime intended: 1. First-Degree Burglary: This is the most serious form of burglary in Colorado. It involves unlawfully entering a building while armed with a deadly weapon or knowingly committing or intending to commit assault, robbery, or any felony other than theft. First-degree burglary is charged as a Class 3 felony. 2. Second-Degree Burglary: It involves unlawfully entering a building, without authorization, with the intent to commit a crime inside. This offense does not require the involvement of a deadly weapon or the intent to commit a specific felony other than theft. Second-degree burglary is generally charged as a Class 4 felony unless other aggravating factors are present. 3. Third-Degree Burglary: This offense typically involves entering a non-dwelling structure (such as a store or warehouse) with the intent to commit a crime inside, usually theft. Third-degree burglary is considered a Class 5 felony, except when certain conditions apply, such as when the crime involved controlled substances. Individuals convicted of burglary by breaking and entering in Colorado face severe penalties, including imprisonment, fines, and a permanent criminal record that can significantly impact future employment prospects. The severity of the punishment depends on various factors, such as the degree of the offense, any aggravating circumstances, the presence of weapons, and the criminal history of the offender. Law enforcement agencies and prosecutors in Colorado take burglary by breaking and entering seriously to safeguard the security and property rights of individuals. They actively investigate and prosecute such cases to ensure public safety and deter potential criminals from engaging in these illegal activities.

Colorado Burglary by Breaking and Entering refers to the act of unlawfully entering a structure or dwelling with the intention of committing a theft or other felony. It is considered a serious criminal offense under Colorado law. This crime involves forcibly gaining access to a property by breaking doors, windows, or any other entry points. The Colorado Revised Statutes (C.R.S. § 18-4-202) define burglary by breaking and entering as knowingly and unlawfully entering or remaining in a building or occupied structure with the intent to commit a crime inside. The key elements of this crime are: 1. Breaking: This refers to forcefully gaining entry to a structure, such as by breaking doors, windows, locks, or any other physical barriers. 2. Entering: Once the unlawful entry has occurred, the perpetrator is considered to have committed the act of breaking and entering. It is not necessary for the entire body to be inside the structure; even extending a hand or arm inside can suffice. It is important to note that mere trespassing without intent to commit a crime inside does not constitute burglary by breaking and entering. Intent to commit a crime is a crucial element in this offense. Colorado recognizes different types of burglary based on the circumstances and the nature of the crime intended: 1. First-Degree Burglary: This is the most serious form of burglary in Colorado. It involves unlawfully entering a building while armed with a deadly weapon or knowingly committing or intending to commit assault, robbery, or any felony other than theft. First-degree burglary is charged as a Class 3 felony. 2. Second-Degree Burglary: It involves unlawfully entering a building, without authorization, with the intent to commit a crime inside. This offense does not require the involvement of a deadly weapon or the intent to commit a specific felony other than theft. Second-degree burglary is generally charged as a Class 4 felony unless other aggravating factors are present. 3. Third-Degree Burglary: This offense typically involves entering a non-dwelling structure (such as a store or warehouse) with the intent to commit a crime inside, usually theft. Third-degree burglary is considered a Class 5 felony, except when certain conditions apply, such as when the crime involved controlled substances. Individuals convicted of burglary by breaking and entering in Colorado face severe penalties, including imprisonment, fines, and a permanent criminal record that can significantly impact future employment prospects. The severity of the punishment depends on various factors, such as the degree of the offense, any aggravating circumstances, the presence of weapons, and the criminal history of the offender. Law enforcement agencies and prosecutors in Colorado take burglary by breaking and entering seriously to safeguard the security and property rights of individuals. They actively investigate and prosecute such cases to ensure public safety and deter potential criminals from engaging in these illegal activities.