In Weld County, remaining on someone’s property or entering their property unlawfully can lead to a criminal charge of Third Degree Criminal Trespass. In Colorado Springs recently, a man was charged with trespassing after climbing an Electrical Line Structure. The man was up on the tower for 10 hours when the police crisis intervention team was able to talk him off the tower as a peaceful resolution. After a mental evaluation, he could be charged with Trespassing. To unpack 3rd Degree Trespassing law in Colorado, read more below.
What is the Definition of 3rd Degree Trespassing in Greeley, Colorado?
The definition of 3rd Degree Criminal Criminal Trespass under Colorado law – C.R.S. 18-4-504- is:
The man in the above story, would most likely be charged with Third Degree Trespassing since he was not in an enclosed structure or property and there was no separate crime committed while he was Trespassing. Third degree trespassing deals mostly with people entering property, however that changes quickly with the type of property and the intent of the accused.
What is the Sentence for Third Degree Trespassing in Weld County?
In Weld County, the sentence for Third Degree Trespassing depends on the property trespassed on and the intent of the defendant. 3rd Degree Criminal Trespass is a class 1 petty offense that is punishable with up to 6 months in jail and a $500 fine. If the crime is committed on agricultural property, the offense changes to a class 3 misdemeanor that is punishable up to 6 months in the Weld County Jail and $750 fine. If the crime is committed on agricultural property with the intent to commit a felony, the offense changes to a class 5 felony that is punishable with up to 3 years in the Department of Corrections and up to $100,000 in fines.
What is the Difference Between 1st, 2nd, and 3rd Degree Criminal Trespassing in Greeley, Colorado?
In Greeley, Colorado the difference between 1st Degree Trespassing and Second Degree Trespassing has to do with the fact that the alleged offender enters a building, vehicle, or enclosed structure. 3rd Degree is like 2nd Degree Trespassing except that with 2nd Degree, the intent to commit another crime is present.
What are Some Examples of 3rd Degree Criminal Trespassing in Weld County?
Examples of 3rd Degree Criminal Trespassing in Weld County are; one example is if someone is hiking on a public trail and then decides to take a shortcut across, unfenced, private property of another. They could be charged with committing 3rd Degree Trespassing. Another example would be, if you were yelling at a neighbor in their (unfenced) yard and they asked you to leave and you didn’t. Again, you could be charged with 3rd Degree Trespassing. Finally, consider the example where someone is legally at a Taco Bell, and they buy some food but then decide to take a nap in their car. If an employee asks them to leave, they must drive away.
Criminal Trespassing can be very confusing. It can range from a petty offense all the way up to a felony crime. You will need an experienced criminal lawyer to navigate the court system and get best possible outcome for you.
If you’re being accused of Third Degree Trespassing, exercise your right to remain silent and contact the best criminal defense attorneys in Northern Colorado. Call 970-616-6009 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.
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