Normally, trespass is charged for entering or staying on someone’s property without permission. However, there is a provision written into the First Degree Criminal Trespassing statute that discusses breaking into cars to commit another crime. That’s why 1st Degree Trespass is the appropriate charge for a trio who broke into cars taking money, credit cards, and anything else of value while the owners were attending a funeral. Apparently not the first time, police believe the group would read obituaries to find where funerals would be held so they knew where to hit. Likely they will also face charges for Theft and Identity Theft for using the credit cards they took.
Weld County First Degree Trespass of a Motor Vehicle: Definition of 1st Degree Trespassing
The Weld, Morgan, and Logan County, Colorado law definition of First Degree Criminal Trespass – C.R.S. 18-4-502 – is:
The crime that the group committed after entering the vehicles was Theft – taking items of value from their owners with the intent of never giving it back. Theft is usually the accompanying crime when it comes to First Degree Trespass of a Motor Vehicle. You should note that the car does not have to be locked. Simply entering a vehicle with the intent to commit a crime is enough to get charged with this felony crime.
Sentence for First Degree Trespassing During Funerals in Greeley and Fort Morgan
As a class 5 felony in Greeley, Fort Morgan, and Sterling, 1st Degree Trespass is punishable by 1 to 3 in the Colorado Department of Corrections. This does not include the charges that will result from the other crime committed in the car. For cases with multiple charges, a judge can choose to run the sentences consecutively (meaning the second sentence starts after the first sentence is completed) or concurrently (meaning the sentences run at the same time).
If you or someone you love has been charged with First Degree Criminal Trespass, be smart, exercise your right to remain silent, and contact the best criminal defense attorneys from the O’Malley Law Office at 970-616-6009 to schedule a free initial consultation. Together, we can protect your future.
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