In Greeley, if a person enters and remains on the property or vehicle of another, they can be charged with Criminal Trespassing. It’s helpful to know there are three types of Trespassing: 1st Degree Trespassing, 2nd Degree Trespassing, and 3rd Degree Trespassing. Depending on the circumstances, Trespassing can be charged as a felony or misdemeanor. Recently in Colorado Springs, school staff at a Middle School stopped a man who entered the building with no reason to be in the school. The staff were alerted to a man who entered the school but could not identify a reason to be there. Police were called while staff kept the man occupied. It is important to understand the criminal charges you face, so you can better understand potential defenses. Below, our Trespass attorneys will discuss the three types of Trespass, and important details on each. If you are facing a Criminal Trespassing charge in Fort Collins or Larimer County, get help here.
What are the Definitions of First Degree Trespassing, Second Degree Trespassing, and Third Degree Trespassing charges in Weld County?
The different Criminal Trespassing charges are distinct based on two things: the property that was trespassed upon and the reason the defendant was on the property. The definition of the three types of Trespassing are:
First Degree Criminal Trespass / Trespassing – C.R.S. 18-4-502
Second Degree Criminal Trespassing / Trespass – C.R.S. 18-4-503
(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.
3rd Degree Trespassing – C.R.S. 18-4-504
In the story above, the Trespassing charge given to the man would depend on his reason for being in the building, and whether it could be proven he had an intent to commit another crime while there. Understanding the facts and law of your criminal case is vital so that you are not overcharged. Let our Trespass attorneys help you study and apply the details of your case to Colorado law.
Penalties and Sentences for the Different Types of Criminal Trespass in Windsor, Colorado
A 3rd Degree Criminal Trespass conviction in Windsor and the rest of Colorado, is usually a petty offense with penalties of up to 10 days in the Weld County Jail and a fine of up to $300. This is the least severe sentence and penalty of all the Colorado Trespass classes. The most severe is a 1st Degree Criminal Trespass conviction, which is a class 1 misdemeanor carrying up to 364 days in jail and / or up to $1,000 in fines. However, Trespassing on an inhabited or occupied dwelling is a class 6 felony, with penalties of 1 – 18 months years in a Colorado State Prison, $1,000 – $100,000 in fines, and 1 year of mandatory parole. A 2nd Degree Trespassing conviction depends on what the trespassed property was, as the sentence can be a petty offense, but if it was a trespassed motor vehicle, then the sentence is a class 2 misdemeanor with penalties of up to 120 days in jail, and up to $750 in fines.
What to Do if You Face a Criminal Trespass Charge in Weld County?
Facing a Criminal Trespass charge in Weld County? Hire a top criminal defense attorney. The attorneys at the O’Malley Law Office can help you through the many hearings you will have at the Weld County Courthouse and ensure you get the best outcome. A misdemeanor or felony conviction can have a significant impact on your personal life, ability to work, and whether you end up with a criminal record. Let our attorneys fight for your future – it’s worth your time to consider this option.