Criminal Trespass / Trespassing

In Weld County, Colorado, a criminal charge for Trespassing may lead to severe punishment, even if the trespass was inadvertent and no harm was done to the property.  Rural communities such as Ft. Lupton, Lochbuie, Evans, and Keenesburg are filled with open space that may not be well marked as private property.  Trespassing is a complex crime, and how it is charged depends on the nature of the trespass.  This will affect filing decisions of the 19th Judicial District Attorney's Office.

  • First Degree Criminal Trespass / Trespassing - C.R.S. 18-4-502
  • Second Degree Criminal Trespass / Trespassing - C.R.S. 18-4-503
  • Third Degree Criminal Trespass / Trespassing - C.R.S. 18-5-504

How We Can Help with Your Trespassing Charges?

A lot of very specific legal question are raised when you are accused of Trespassing.  Did the person charged actually know whether the land you were on was someone else's property?  Did they have proper signage or fences to put you on notice that it was their property?  Did the person accused actually intend to do anything wrong while they were on the property?  These are legal issues and defenses that an experienced Weld County criminal defense attorney can raise. Our attorneys have years of experience handling the complexities of Trespassing cases, and we will fight to make the government prove every element of the crime against you beyond a reasonable doubt.

The Three Degrees of Trespassing

First Degree Trespassing

First Degree Trespass requires proof that a person knowingly and unlawfully: entered or remained in the dwelling of another, or that such a person entered any motor vehicle with the intent to commit a crime therein. It is a class 5 felony in Greeley and Weld County, which carries up to three years in prison and up to a $100,000 fine.
Learn more about Second Degree Trespass / Trespassing charges in CO. If you have been charged, contact an experienced criminal defense attorney for a free consultation.

Second Degree Trespassing

Second-degree trespass can be charged three different ways: A person unlawfully enters or remains in or upon the premises of another which are enclosed in a manner designed to exclude intruders or are fenced, a person knowingly or unlawfully enters or remains in or upon the common areas of a hotel, motel, condominium, or apartment building, or a person knowingly and unlawfully enters or remains in a motor vehicle of another. Incidentally, a conviction under the third provision of this trespass statute in Weld County, Colorado, will revoke a person's driver's license. It is a class 2 or class 3 misdemeanor, or a class 4 felony, depending on a few additional factors.

Third Degree Trespassing

Third Degree Trespass requires proof that a person unlawfully enters or remains in or upon premises of another. It is usually a class 1 petty offense, but can be a class 3 misdemeanor if the land trespassed onto is agricultural land and a class 5 felony if the person intends to commit a felony upon the agricultural land.
Learn more about Third Degree Trespass / Trespassing charges in CO. If you have been charged, contact an experienced criminal defense attorney for a free consultation.

CHARGED WITH TRESPASS / TRESPASSING IN GREELEY OR WELD COUNTY?

Be smart, exercise your right to remain silent, and call the experienced defense attorneys at the O’Malley Law Office.

Call 970-616-6009 or fill out the Get Help Now form to meet with an experienced criminal defense lawyer in Weld County and the Greeley area for a free consultation. 

Together, we can protect your future.

Get Help Now!