In Greeley, when you’re facing false accusations of 2nd Degree Criminal Trespass, the best thing to do is to hire a Trespassing criminal defense lawyer as soon as you can. When you’re being accused of Criminal Trespass, someone is accusing you of being somewhere you’re not supposed to be. The consequences for this crime increase if the people involved have been in, an “intimate relationship.” Greeley police and the prosecuting attorney are always happy to slap on a Domestic Violence Enhancer, as it makes them feel like heroes, when really, they’re just making life harder for everyone.
Second Degree Criminal Trespass, C.R.S. 18-4-503, in Weld County
In Weld County, Second Degree Criminal Trespass, C.R.S. 18-4-503, is charged when a person:
(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.
Basically, when someone hops the fence into a big and enclosed field, they can be charged with this crime. A homeless person could also be charged with this crime when they enter and hang out in lobby of a nice hotel building to stay warm. Second Degree Criminal Trespass may also be charged when a Greeley cop comes across a couple arguing in a car, and one partner tells the other to get out, and the other partner refuses. This then turns into a Criminal Trespass case with a Domestic Violence Enhancer in Weld County.
Criminal Trespassing and Domestic Violence in Longmont, Windsor, and Evans, Colorado
Anytime someone is accused of Criminal Trespassing against their past or present romantic partner in Longmont, Windsor, or Evans, Colorado, they will be charged with Criminal Trespass with a Domestic Violence Enhancer. The addition of the Domestic Violence Enhancer means that someone has been accused of a crime against their ex, or their current partner. So if a couple is in the middle of a heated argument in her car, and the wife yells at her husband to leave, and he doesn’t, he is then trespassing. Since he refuses to leave the car after she has made a clear vocal request for him to do so, it becomes illegal as he “knowingly and unlawfully remains” in her car. This violates subsection c of the Second Degree Criminal Trespass law.
Similarly, if a man has a fence around his home, and his ex-girlfriend lets herself onto his property, without his permission, she has then violated the first subsection of Second Degree Criminal Trespass. And since they were ex-lovers, she has then committed a crime of domestic violence against him. A Domestic Violence conviction means you can no longer possess a rife or firearm and ammunition. You can effectively lose your Second Amendment rights.
Sentence for Criminal Trespass with a Domestic Violence Enhancer in Erie, Dacono, and Lyons, Colorado
As a part of their sentence, a person accused of Criminal Trespass with a Domestic Violence Enhancer will face many punishments in Erie, Dacono, and Lyons, Colorado. When the defendant is convicted of Second Degree Criminal Trespass, they are sentenced to a class 3 misdemeanor. But it can be elevated to a class 2 misdemeanor if the land trespassed on is considered agricultural, or a class 4 felony if the land is agricultural AND the accused intended to commit another felony level crime. In addition to potentially having to serve, at most, 6 months in the Weld County Jail, pay a fine of up to $750, or serving probation, if the defendant was convicted of subsection c, they will also have their drivers’ license revoked. This is all assuming, too, that a lover wasn’t involved.
When the Domestic Violence Enhancer is added onto the sentence, the offender faces even more consequences. Not only will a Protection Order be put in place immediately, but the defendant will have to undergo domestic violence treatment. They will have to complete DV classes, evaluations, and therapy with this sentence enhancer. If the accused does not pay for and participate in this program, the judge is likely to revoke probation as a result, and impose a jail sentence.