Being charged with Trespassing in Greeley and Weld County might seem minor compared to more serious criminal offenses, but make no mistake, a Trespass conviction can still carry serious legal and personal consequences. In Colorado, a Trespassing charge is more than just being somewhere you’re not supposed to be. Whether the charge is a misunderstanding, a property dispute, or tied to a more serious allegation, it’s important to understand the elements of the crime. At O’Malley Law Office, we represent clients who are facing all types of criminal charges, including Trespassing. Here’s what you need to know if you’ve been accused of Criminal Trespass or Trespassing.
Weld County Trespassing Attorney: What Is Criminal Trespass?
Colorado recognizes three degrees of criminal trespass, each with its own legal definition and penalties. These are outlined in the Colorado Revised Statutes (C.R.S.) § 18-4-502 through 18-4-504.
Third Degree Criminal Trespass – C.R.S. § 18-4-504
This is the least serious trespassing charge and is typically charged as a petty offense (but it can be enhanced under certain conditions). You can be charged with third-degree trespass if you unlawfully enter or remain on someone else’s property (that is not a building or dwelling). This often applies to open land like fields, construction sites, or open areas. The penalty for Third Degree Criminal Trespass is up to 10 days in jail and/or a fine of up to $300.
Second Degree Criminal Trespass – C.R.S. § 18-4-503
You may be charged with second-degree trespass if:
- You unlawfully enter or remain in an enclosed or fenced property, or
- You unlawfully enter or remain in a vehicle (like a car, truck, or RV), or
- You unlawfully enter or remain in the common area of a hotel, motel, condo, or apartment building.
This offense is often charged as petty offense, but it can be a class 2 misdemeanor or even a felony depending on circumstances. The penalty for the petty offense is up to 10 days in the Larimer County Jail and up to $300 in fines. The class 2 misdemeanor is punishable by up to 120 days in jail and up to $750 in fines. The penalty for the class 5 felony is 1 to 3 years in the Colorado Department of Corrections if the property is used for agricultural purposes.
First Degree Criminal Trespass – C.R.S. § 18-4-502
This is the most serious form of trespassing and is charged as a class 1 misdemeanor or a class 6 felony. You may be charged if:
- You unlawfully enter or remain in someone’s dwelling (house, apartment, etc.)
- You unlawfully enter a vehicle with the intent to commit a crime inside.
Penalties:
- Class 6 felony: 12–18 months in the Colorado Department of Corrections;
- Class 1 Misdemeanor: 364 days in the Larimer County Jail
Common Examples of Trespassing in Windsor and Firestone
Trespassing charges can arise from a variety of situations, such as:
- Entering someone’s yard or home without permission
- Refusing to leave a bar, store, or other business after being asked
- Going onto school grounds or government buildings after hours
- Walking onto private property while hunting or hiking
- Re-entering property after being previously told not to return
Sometimes, people don’t even realize they’re Trespassing. You may have thought you had permission to be there or didn’t see a posted warning.
If you or someone you love has been charged with 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 to schedule a free initial consultation. Together, we can protect your future.
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