Trespass may not sound like a serious offense, but in Weld County, Colorado, it can carry harsh penalties, including jail time and a permanent criminal record. Whether you’re facing a misdemeanor or felony Trespassing charge, it’s critical to understand your rights and what the law says.
At O’Malley Law Office, we defend clients across Colorado who are charged with Criminal Trespass, and we work to protect their future from the consequences of a criminal conviction.
Here’s what you need to know about the three degrees of criminal Trespass in Colorado.
Trespassing Defense Attorney in Greeley: What Is Criminal Trespass?
Under Colorado law, criminal Trespass means unlawfully entering or remaining on someone else’s property without permission. The law distinguishes between First Degree, Second Degree, and Third Degree Trespass, based on the type of property involved and the person’s intent.
Attorney for First-Degree Criminal Trespass (C.R.S. § 18-4-502) in Weld County
The Most Serious Trespass Offense
- Definition: Knowingly and unlawfully entering or remaining in someone’s dwelling (home or apartment), or entering a motor vehicle with the intent to commit a crime inside.
- Common Examples:
- Entering someone’s home without permission.
- Getting into a car intending to steal or commit another crime.
- Charge Level:
- Class 1 Misdemeanor for entering a home, Class 5 felony if the home is inhabited, or
- Class 1 Misdemeanor if entering a car.
- Penalties:
- Time spent in the Weld County Jail for a misdemeanor, or Colorado Department of Corrections for a felony,
- Fines and fees,
- Mandatory parole for a felony,
- Possible probation or community service.
- A permanent record.
Note: Even if no theft or violence occurs, entering someone’s home or car can result in felony charges.
Second-Degree Criminal Trespass (C.R.S. § 18-4-503) Lawyer in Erie and Evans
Trespass Onto Enclosed or Private Property
- Definition: Unlawfully entering or remaining on:
- Enclosed or fenced private property,
- The premises of a hotel, motel, condo, or apartment,
- Someone else’s private land after being told to leave,
- Entering a motor vehicle of another.
- Common Examples:
- Climbing a fence onto private land,
- Refusing to leave a bar or apartment complex after being told to go.
- Charge Level:
- Usually a Petty Offense, but
- Can be a Class 5 Felony if the land is classified as agricultural,
- Class 2 Misdemeanor for entering someone’s car without permission.
- Possible Penalties:
- Time spent in the Weld County Jail for a misdemeanor, or Colorado Department of Corrections for a felony,
- Fines and fees,
- Mandatory parole for a felony,
- Possible probation or community service.
- A permanent record.
Lawyer for Third-Degree Criminal Trespass (C.R.S. § 18-4-504) Charges in Milliken and Johnstown
The Least Severe Trespass Offense, But Still a Crime
- Definition: Unlawfully entering or remaining on any property (public or private) that is not clearly fenced or posted, and that doesn’t meet the criteria for 1st or 2nd Degree Trespass.
- Common Examples:
- Wandering onto private property without realizing it,
- Hanging out in a business parking lot after hours.
- Charge Level:
- Typically a Petty Offense, but
- Can be enhanced to a Class 5 felony or Class 6 Felony for aggravated circumstances.
- Penalties (Petty Offense):
- Up to 10 days in jail,
- Up to $300 in fines,
- A criminal record, even for a petty offense.