In Greeley and across Weld County, there are three degrees of Trespass that can be charged. Let’s take a look at each of these degrees and how they are charged in Colorado.
First Degree Criminal Trespass Lawyer: How is First Degree Trespassing Charged in Erie?
In Erie, the Colorado law definition of First Degree Criminal Trespass – C.R.S. 18-4-502 – is:
(a) Knowingly and unlawfully enters or remains in a dwelling of another; or
(b) Enters any motor vehicle with intent to commit a crime therein.
The type of location a person trespasses on makes a huge difference. In this case, if a person is accused of going into or staying in someone’s home without permission if 1st Degree Trespass. The crime is a class 1 misdemeanor if no one is home. However, if someone is home at the time of the Trespassing, then it is a class 6 felony. For a charge under subsection (b), it is a class 1 misdemeanor.
What is Second Degree Criminal Trespass in Windsor?
The Windsor, Colorado law definition of Second Degree Criminal Trespass – C.R.S. 18-4-503 – is:
(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 location related to 2nd Degree Trespassing is:
- Property that is fenced or building designed to keep someone out; or
- Hotel lobby, motel lobby, condo lobby or apartment lobby.
- Someone else’s vehicle
It is a class 2 misdemeanor if you are charged with Second Degree Trespassing of a vehicle. For the other locations listed in this statute, it is a petty offense unless the land is agricultural. Then it is a class 5 felony.
Weld County Lawyer for Third Degree Criminal Trespass Charges
The Weld County, Colorado law definition of Third Degree Criminal Trespass – C.R.S. 18-4-504 – is:
This would cover any open land. If the land is agricultural, it is a class 6 felony. If the land is agricultural and the intent of the trespass is to commit a felony thereon, it is a class 5 felony. Otherwise, it is charged as a petty offense.
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 for a free initial consultation. Together, we can protect your future.
Photo by Cesar Perez