Trespass

Trespass involves unlawfully entering or remaining on someone else’s property. The penalties for Criminal Trespass can range from a small fine and probation to a higher fine and up to 3 years in prison! As such, it is important to know your rights and have a qualified Criminal Trespass defense attorney on your side.

Have you been charged with trespass in Colorado? If you are facing charges like this, we recommend calling our criminal defense attorneys immediately. The sooner you retain experienced legal counsel, the better your chances of getting a favorable case outcome are likely to be.

Here at Koziel & Lehr, we have been defending clients just like you for years. Our team of past public defenders has experience assisting those charged with trespass cases on various criminal levels of severity. Whether you have recently been charged with trespass or are already in the middle of your case, call us.

No matter what stage your trespass charges are in, we can provide you with a consultation. Our team is here to alleviate some of your stress and help you decide what your next legal move should be.

There are various degrees of Criminal Trespass in Colorado. Trespass involves unlawfully entering someone else’s property. Remaining on someone else’s property is another aspect of Criminal Trespass. The penalties for trespass in Colorado can vary greatly depending on the severity of an alleged crime.

Types of Criminal Trespass in Colorado:

• 1st-degree trespassing
• 2nd-degree trespassing
• 3rd-degree trespassing

Which degree of criminal trespass someone is charged with will depend on a few factors. Nationally, trespassing crimes are usually accompanied by other criminal charges. These can include assault, burglary, robbery, theft, and more.

Influential Factors Include for the Degree of Criminal Trespass:

• What type of property was entered?
• Why were you entering the property?
• Did you remain on the property, and for how long?
• Why did you choose to remain on the property?
• Did you intend to commit a crime while on the property
• Did you commit a crime while on the property?
• Was the property agricultural or federal?

Criminal Trespass in the first degree is defined under Colorado Revised Statute 18-4-502. Someone can be charged with committing trespass in the first degree if they knowingly and unlawfully enter a property or dwelling. Additionally, remaining on a property could be considered first-degree trespass. Motor vehicles are also considered property in Colorado. So, unlawfully entering and remaining in a motor vehicle could incur charges of criminal trespass in the first degree.

Aspects of first-degree Criminal Trespass are:

• If the property is someone else’s home
• If a property is someone else’s motor vehicle
• If you are entering the property with the intent to commit a crime
• You actually commit a crime while unlawfully on someone else’s property

Since homes or vehicles are places where other individuals are likely to dwell, Criminal Trespass in the first degree is the most serious form of trespass. Even if a home or vehicle is unlocked, you could still be charged with criminal trespass in the first degree. In fact, jumping in the open bed of someone’s truck unlawfully with the intent to commit a crime could land you with a first-degree Criminal Trespass charge.

A person could be charged with committing Criminal Trespass in the second degree if they unlawfully enter or remain on property that is fenced or protected. This also includes unlawfully entering or remaining in public spaces like motels, hotels, apartments, or condos, without permission. Additionally, unlawfully entering or remaining in a motor vehicle could lead to Criminal Trespass charges in the second degree. This is true even if you do not intend to commit a crime.

Criminal trespass in the second degree is different from criminal trespass in the first degree because a property does not need to be someone else’s personal property or home. It also differs because you do not need to intend to commit an additional crime (like theft) to be charged with Criminal Trespass in the second degree. This form of second-degree trespass also applies if you enter someone else’s vehicle but do not intend to commit a crime.

An individual can be charged with committing trespass in the third degree if they unlawfully enter or remain on someone else’s property. The property does not need to be fenced or marked in a way that keeps out other people.  Someone does not have to intend to commit a crime to be charged with criminal trespass in the third degree.

The penalties for trespassing in Colorado will vary depending on the degree of the crime and the circumstances surrounding each case. Trespassing crimes can be petty offenses, misdemeanors, or felonies! It will all depend on your situation and if any other crimes were planned or committed.

Criminal Trespass in the third degree can be penalized by up to 10 days in jail and a fine of up to $300. However, first-degree trespass can be penalized as a misdemeanor or a felony defense.

As a misdemeanor, first-degree trespass is punishable by 364 days in jail and a fine of up to $1,000. However, trespassing on an inhabited or occupied dwelling is considered a class 6 felony in Colorado. This crime is punishable by 18 months in prison, one year of mandatory parole, and a fine ranging from $1,000 to $100,000.

Moreover, if you trespass on Colorado agricultural land and have the intent to commit a felony crime, you may be penalized with a class 5 felony. The penalties for class 5 felony trespass on agricultural land can include fines of up to $100,000, and anywhere from one to three years in prison.

Additionally, trespassing crimes are often accompanied by domestic violence crimes and burglary charges. If you have unlawfully entered someone else’s home and are charged with trespass and domestic violence or burglary, it is a felony offense.

Criminal Trespass charges can be complicated. The circumstances surrounding your situation will have a dramatic impact on whether or not you are convicted and penalized severely. If you are concerned that you have committed a trespass in the second or first degree, you should contact a lawyer immediately.

Additionally, if there is any suspicion that you intended to commit a crime while trespassing, you should retain a skilled criminal defense lawyer right away. Prosecutors can be aggressive and you do not want to find yourself in a situation that you weren’t prepared for in court.

Contact our team today to find out how we can help you with trespass allegations. The sooner you retain qualified legal assistance, the better we can assist you. Do not let trespass charges hurt your life, career, or future. Call the professionals at Koziel & Lehr Law LLC now at (720) 314-8750 for a consultation.