We, as citizens of the United States of America, have certain rights and freedoms guaranteed in our Constitution. One of those rights is our freedom of speech. You may not like every opinion or potentially rude comment that comes out of someone’s mouth, but is it their right to have it and express it. When two teenage boys crashed their car into a house, one gentleman chose to express his opinion, and it resulted in criminal charges. After the crash, the man approached the vehicle and pulled out his cell phone to get the situation on tape. He can be heard calling the boys ‘idiots’ while other neighbors were rushing to aid the boys. Sadly, one of the boys didn’t make it and the man recorded his dying moments and posted it online. While it was incredibly insensitive and not something I would ever condone, I’m not sure it was actually criminal. The judge apparently disagrees with me as the man was sentenced for Second Degree Trespassing.
Weld County Second Degree Trespass– What is the Definition?
The Colorado definition of Second Degree Criminal Trespass – C.R.S. 18-4-503 – is:
(a) Unlawfully enters or remains in or upon the premises of another which are enclosed in a manner designed to exclude intruders or are fenced; or
(b) Knowingly and unlawfully enters or remains in or upon the common areas of a hotel, motel, condominium, or apartment building; or
(c) Knowingly and unlawfully enters or remains in a motor vehicle of another.
Choice of Evils Defense in Weld County
The man was charged with 2nd Degree Trespassing because he allegedly opened the car door to video the boys after the accident. But, I wonder if the neighbors who opened the other doors to help the boys were charged with the same offense. In an accident situation, the rules can be bent. This affirmative defense is called Choice of Evils in Weld, Morgan and Logan County. It basically means that in an emergency situation, a person’s actions can be deemed as acceptable, even if they may be technically criminal, if the act was committed in order to avoid a greater evil. So, if the Trespassing occurred in order to save or aid the boys who were in distress, then this could be a defense. However, since the man did not attempt to help anyone and just provided commentary on the situation, this defense would not work in his favor.
Have you been charged with Second Degree Trespass / Trespassing? Contact the experienced criminal defense lawyers from the O’Malley Law Office to defend you today!
Have you been charged with Second Degree Trespass / Trespassing? Contact the experienced criminal defense lawyers from the O’Malley Law Office to defend you today!
2nd Degree Trespassing Lawyer – Potential Sentence
As a class 3 misdemeanor in Greeley, Evans, and Erie, Trespass in the Second Degree is punishable by up to 6 months in the Weld County Jail and $750 in fines. Aside from potential jail time, another repercussion is the effect of having a criminal conviction on your record. Potential employers or landlords would be able to run a background check and see you have been convicted of a crime. Protect your criminal record by entrusting the experienced criminal defense attorneys from the O’Malley Law Office. Protecting our clients is our number one goal.
If you or someone you love has been charged with Second Degree Trespass, be smart and exercise your right to remain silent. Then, contact a trespassing attorney from the O’Malley Law Office at 970-616-6009 today. Together, we can protect your future.
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