Trespassing charges in Colorado are more serious than many people expect. What begins as a dispute over property lines in Greeley, unauthorized access to farmland near Kersey, or entering a posted construction site in Windsor can quickly escalate into a criminal case with lasting consequences. Across Weld County, from Evans and Fort Lupton to Eaton and Briggsdale, the Weld County District Attorney’s Office prosecutes trespassing offenses at every level. Here is what you need to know.
Greeley Trespassing Attorney: Colorado’s Three Degrees of Criminal Trespass
Colorado law (C.R.S. § 18-4-502 through 504) divides Criminal Trespass into three degrees based on the type of property and the circumstances:
First Degree Criminal Trespass: Unlawfully entering or remaining in a dwelling (someone’s home) or a motor vehicle with intent to commit a crime. It is a class 1 misdemeanor, unless the home is occupied. Then it is aggravated to a class 6 felony.
Second Degree Criminal Trespass: Unlawfully entering or remaining on enclosed or fenced premises, in a building or common area or in a motor vehicle. Can be charged as a petty offense, class 2 misdemeanor, or class 5 felony depending on the circumstances.
Third Degree Criminal Trespass: Unlawfully entering or remaining on another’s land. Generally charged as a petty offense unless the land is considered agricultural, which can enhance the charge to a felony.
Trespassing in Weld County’s Agricultural Communities: A Weld County Trespass Lawyer Explains
Weld County is one of Colorado’s most productive agricultural counties, and trespassing on farmland carries enhanced penalties under state law. Unlawfully entering fenced or posted agricultural land, whether to hunt, shortcut across a field, or access irrigation infrastructure, can be charged as Trespassing. Towns where these cases frequently arise include Platteville, Kersey, La Salle, Gilcrest, Ault, Pierce, Nunn, Carr, Galeton, Hudson, and Keenesburg, where the Weld County Sheriff’s Office is typically the investigating agency.
Where Criminal Trespass Charges Are Filed Across Weld County
All Trespassing cases in Weld County, whether the incident occurred in Greeley, Evans, Windsor, Fort Lupton, Johnstown, Milliken, Eaton, or any unincorporated area of the county, are prosecuted by the Weld County District Attorney’s Office (19th Judicial District) and filed in Weld County Court or District Court in Greeley. Depending on location, the arresting agency may be the Greeley Police Department, Weld County Sheriff’s Office, Evans PD, Windsor PD, Fort Lupton PD, or another municipal department.
Facing a Trespassing Charge in Weld County? Get Legal Help Now.
Even a petty offense trespassing conviction creates a criminal record. A misdemeanor or felony charge can mean jail time, fines, and consequences that follow you for years. An experienced Colorado criminal defense attorney can evaluate the evidence, identify weaknesses in the prosecution’s case, and work toward a dismissal, reduction, or acquittal. Contact our office today for a confidential consultation.
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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