Second Degree Criminal Trespass / Trespassing in Weld County
Being on a property without the permission of the land or premise owner, warrants a call to the Weld County Sheriff. In these circumstances, Second DegreeTrespassing is frequently charged in Weld County, Morgan County, and Logan County, Colorado. Greeley police will charged Third Degree Trespassing if someone unknowingly or unlawfully enters or remains upon the premises of another. 3rd Degree Trespass differs from Second Degree, because Second Degree has the option of being charged as a felony. Going onto property without permission can also be charged as First Degree Trespassing if the trespass is done unlawfully AND knowingly. Typically, Second Degree deals more with entering living spaces or past physical fences or other barriers.
Definition of 2nd Degree Trespass in Greeley Colorado Courts
The definition of Trespassing in the Second Degree under Colorado law - 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.
Sentence for Trespassing – Weld, Morgan and Logan County Courts
In Weld, Morgan, and Logan County, the sentence can range from a misdemeanor to a felony.
|
Sentence Type |
Crime Description |
Punishment |
|
Class 3 Misdemeanor |
Second Degree Criminal Trespass |
Up to 6 months in the Weld County Jail, fine of $50 to $750, or both
|
|
Class 2 Misdemeanor
|
Second Degree Criminal Trespass on agricultural land
|
3 to 12 months in the Weld County Jail, fine of $250 to $1,000, or both
|
|
Class 4 Felony |
Second Degree Criminal Trespass on agricultural land with the intent to commit a felony |
2 to 6 years in prison, fine of $2,000 to $500,000 |
Examples of Trespassing in the Second Degree in Weld County
Most often, the cases we defend involving Second Degree Trespassing deal with the accused remaining on someone’s premises after being asked to leave. Colorado law dictates that when asked to leave, you must do so immediately following the request. Most often, these cases are involved with loitering, alcohol consumption, and even past relationships. The consequences for a Trespass / Trespassing charge in Weld County can vary greatly, so it is important to have our experienced criminal defense attorneys on your case.