Have you been charged with Trespassing in Greeley or Weld County? Don’t ignore the charges against you. Even if you trespassed with no intention of doing harm, you can face serious consequences. This is why you need an experienced criminal defense attorney who can fight on your behalf to ensure you are treated fairly by the criminal justice system. Let’s look closer at the crime of Criminal Trespass for insight.
What is Trespassing in Greeley?
The level of severity for Trespassing charges depends on the circumstances of the crime. We’ll look at each type individually in order to understand.
First Degree Trespass – C.R.S. 18-4-502
A person will be charged with 1st Degree Trespass if the following elements are present:
- Knowing and unlawful entry (or remaining unlawfully) in a dwelling of another person, or;
- The entry of a car or other vehicle with the intent to commit a crime therein.
First Degree Trespass is a class 5 felony in Greeley, Evans, and Erie.
Second Degree Trespass – C.R.S. 18-4-503
A person will be charged with 2nd Degree Trespass if the following elements are present:
- Unlawful entry (or remaining unlawfully) on the fenced premises of another person, or;
- Knowing and unlawful entry (or remaining unlawfully) in the common areas of a hotel, etc. or;
- Knowing and unlawful entry (or remaining unlawfully) in the car or other vehicle of another person.
Second Degree Trespass is a class 3 misdemeanor. But, if the fenced premises unlawfully entered is classified as agricultural land, it is a class 2 misdemeanor. If the person trespasses on agricultural land with the intent to commit a felony, it is a class 4 felony.
Third Degree Trespass – C.R.S. 18-4-504
A person will be charged with 3rd Degree Trespass if the following elements are present:
- Unlawfully enters or remains on the premises of another person.
Third Degree Trespass is a class 1 petty offense. But, if the land being trespassed on is agricultural land, it is a class 3 misdemeanor. If the purpose of trespassing on agricultural land is done with the intent to commit a felony, it is a class 5 felony.
Charged with Trespassing? Why You Need a Lawyer
If you have been charged with Trespassing, you need an experienced criminal defense attorney to fight on your behalf in court. Trespassing charges are complex, and Weld, Morgan, and Logan County District Attorneys often overcharge people. You need the experienced eye of a criminal lawyer to know when this is happening and work out a favorable plea agreement or get the charges dismissed altogether. Don’t stand alone in court – we fight to win.
If you or a loved one has been charged with Trespassing, be smart, exercise your right to remain silent, and contact an experienced criminal defense attorney at the O’Malley Law office for a free consultation at 970-616-6009. Together, we can protect your future.
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