Criminal Trespass / Trespassing Attorney in Greeley
In Weld County, Colorado, an accusation of Trespassing can lead to a criminal charge and potentially severe punishment. Even when the trespass was unplanned, accidental, unintentional, and no harm was actually done to the land or property, trespassing still remains a crime in Greeley and the surrounding areas. Here in Northern Colorado, we have many large plots of land and open space which may not clearly be labeled as private property. Trespassing is usually a petty or misdemeanor crime, however, it can easily become a felony charge, and that is why we are here to help you.
Below are the three degrees of Trespassing:
- Third Degree Criminal Trespass / 3rd Degree Criminal Trespassing - C.R.S. 18-4-504
- Second Degree Criminal Trespass / 2nd Degree Criminal Trespassing - C.R.S. 18-4-503
- First Degree Criminal Trespass / 1st Degree Criminal Trespassing - C.R.S. 18-4-502
Defending Charges of Trespassing
Many situational questions arise when you are facing an accusation of Trespassing:
- Did the accused know whether the land they were on was someone else's property?
- Did the land owner have proper signage or fences to mark that it was their property?
- When the accused was trespassing, did they intend to do anything malicious on the property or land?
These legal issues are the kind that our accomplished Northern Colorado criminal defense attorneys will study. Our attorneys are experienced at handling the complexities of Trespassing cases, and we will stand by your side through it all.
1st, 2nd and 3rd Degree Criminal Trespass
Third Degree Trespass in Greeley, Ault and Briggsdale
To be charged for Third Degree Trespassing in Greeley, Ault and Briggsdale, proof that the accused has unlawfully accessed or remained in or upon the grounds of another is required. Typically, it is class 1 petty offense, but if the grounds trespassed onto are agricultural land, it is a class 3 misdemeanor. If the accused intended to commit a felony while trespassing on agricultural land, it can also be a class 5 felony.
Second Degree Trespassing
Second-degree trespass can be charged in a few ways: A person unlawfully enters or remains in or upon the premises of another person, which are enclosed to exclude intruders or are fenced, A person knowingly and unlawfully enters or remains in or upon the common areas of a hotel, motel, condominium, or apartment building, and / or A person knowingly AND unlawfully enters or remains in a motor vehicle of another. Additionally, a conviction for motor vehicle trespass in Weld County, Colorado, will cause the person’s driver's license to be revoked . Generally, second degree trespass is charged as a class 3 misdemeanor, but it is a class 2 misdemeanor if it occurs on farm or agricultural land. It can be a class 4 felony if the trespass is on agricultural land with the intent to commit a felony.
First Degree Trespassing
First Degree Trespass requires proof that a person knowingly and unlawfully: entered or remained in the dwelling of another , and / or entered any motor vehicle with the intent to commit a crime therein. Unlawfully is normally defined as being without permission. In Northern Colorado, 1st Degree Trespass is a class 5 felony, meaning that the sentence is a max of 3 years in prison and up to a $100,000 fine.
