What is the Difference Between Third Degree Trespassing, Second Degree Trespass and First Degree Trespass in Weld County?
3rd Degree Trespassing Closes Famous 14er Hiking Trails

Accused of a Trespassing charge? Contact the best criminal defense attorneys in Northern Colorado. Call 970-616-6009

Falsely accused of a Trespassing charge in Weld County? There is a difference between the degrees of Trespassing in Weld County and it is based on whether the property entered is a home, dwelling, fenced property, or property that is undefined (such as with a fence). If you have been falsely accused of Trespassing, hiring an aggressive criminal defense lawyer who can fight for you is crucial.  Learn the law about your case, since Trespassing statutes can be confusing. The penalties from one type of charge to another can drastically affect your potential punishment.  You can end up with probation time to years in the Colorado Department of Corrections. Recently in Park County, Colorado, the Declaibron Loop has been closed due to trespasses on some of the private property that flows through this land.  The Loop is most frequently used to access four 14er summits. This closure is due to landowners not wanting the issues of “overcrowding, trespassing in mining districts, trash, human waste, and more.” Trespassing can be confusing when you are hiking and there are no clear boundaries. If you have questions about your Trespass case, call the O’Malley Law Office or read more below.

What are the Definitions of 1st Degree, 2nd Degree, and 3rd Degree Criminal Trespass in Greeley, Colorado?

In Greeley the definition of First Degree Trespass, C.R.S. 18-4-502, is:

A person commits the crime of first degree criminal trespass if such person knowingly and unlawfully enters or remains in a dwelling of another or if such person enters any motor vehicle with intent to commit a crime therein.

The Definition of Second Degree Trespass , C.R.S. 18-4-503, is:

A person commits the crime of second degree criminal trespass if such person:

(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.

The Definition of Third Degree Trespass, C.R.S. 18-4-504, is:

A person commits the crime of third degree criminal trespass if such person unlawfully enters or remains in or upon premises of another.

This last type, 3rd Degree Trespass, is what you would mostly see when talking about hiking the open property near the 14ers in the initial story.

In Weld County, Other Related Criminal Charges to Trespassing Charge

Criminal charges that are most often linked to a Trespassing charge are Burglary and Domestic Violence. In a Burglary charge, a Trespassing conviction can actually be the lesser charge that comes with less penalties. In a Trespassing with Domestic Violence (DV) charge, it is critical to have an aggressive criminal lawyer to fight for you. In DV cases, an experienced lawyer can negotiate for an attractive plea bargain or get the charges dropped.

Penalties and Sentence of Trespassing in Greeley, Colorado

Degree of Trespass Charge Sentence Penalties
First Degree Trespass Class 5 Felony
  • 1-3 years in prison
  • A fine of $1,000-$100,000
Second Degree Trespass Class 3 Misdemeanor

 

2nd Degree Trespass on Agricultural Land Class 4 Felony
  • 2-6 years in prison
  • A fine of $2,000-$500,000
Third Degree Trespass Class 1 Petty Offense
  • A fine of up to $500, and/or 6 months in jail
3rd Degree Trespass on Agricultural Land Class 3 Misdemeanor
  • Up to 6 months in jail, and/or a fine of $50-$750

If you’re being accused of a Trespassing charge, 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 Greeley for a free consultation. Together, we can protect your future.