Trespassing is charged in Greeley and Weld County when someone unlawfully enters or remains on property that does not belong to them. The type of property determines what degree Trespass is charged and if it is a petty offense, misdemeanor, or felony. Two men were recently arrested for Trespassing in a Starbucks, and the story has gained attention nationwide. According to the report, the men were sitting at a Starbucks waiting for another man to join them to discuss some potential investments. The men had not ordered anything, and when they asked to use the restroom were told that it was only for customers. Then, the employee decided to call the police to say the men would not leave. Why would they have to leave? Many are calling it an act of discrimination. Seems ridiculous that people need to be worried that waiting in a public place can get them arrested for Trespassing. If this had occurred in Greeley, Erie, or Evans and the police were as inept as the officers in this story, then likely they would have been arrested for Third Degree Criminal Trespass.
Weld County Criminal Trespass Lawyer: Definition of Third Degree Criminal Trespass
The Weld, Morgan, and Logan County, Colorado law definition of Third Degree Criminal Trespass – C.R.S. 18-4-504 – is:
Technically speaking, a restaurant, coffee shop, or store is considered the premises of another – the owner of said establishment.
Sentence for Third Degree Trespassing in Johnstown and Berthoud
Third Degree Trespassing can be charged as a petty offense, misdemeanor, or felony in Greeley, Johnstown and Berthoud:
(a) It is a class 3 misdemeanor if the premises have been classified by the county assessor for the county in which the land is situated as agricultural land pursuant to section 39-1-102 (1.6), C.R.S.; and
(b) It is a class 5 felony if the person trespasses on premises so classified as agricultural land with the intent to commit a felony thereon.
For a situation similar to the one above, the petty offense would apply, which is punishable by up to 6 months in the Weld County Jail and $500 in fines.
If you or someone you love has been charged with Third Degree Trespassing, 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 today. Together, we can protect your future.
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