It was very early in the morning when a dad noticed a naked male inside his home. Like most people in this situation, he contacted the police to report an intruder. After seeing the naked man, he ran outside his home and flagged down a police officer, explaining the situation. After the police entered the home to investigate, it was determined the male was not an intruder, but the daughter’s boyfriend. Police did not file any charges and left the home, allowing the father to handle any disciplinary actions. If the male had been an intruder, he could have been charged with Trespassing or Burglary.
Naked Man: Trespass / Trespassing in Greeley
Trespassing is usually charged when a person refuses to leave the premises of another. There are 3 degrees of Trespass a person could be charged with:
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Trespass / Trespassing |
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| 1st Degree Criminal Trespass – C.R.S. 18-4-502 | *knowingly and unlawfully entering or remaining in a dwelling of another; or*knowingly and unlawfully entering a motor vehicle with intent to commit a crime therein |
| 2nd Degree Criminal Trespass – C.R.S. 18-4-503 | *unlawfully entering or remaining on someone’s fenced inproperty; or*knowingly and unlawfully entering or remaining in the common area of a hotel, motel, or apartment building; or*knowingly and unlawfully entering or remaining in someone else’s vehicle |
| 3rd Degree Criminal Trespass – C.R.S. 18-4-504 | *unlawfully entering or remaining on someone else’s property |
In Greeley, Erie, and Evans, Criminal Trespass / Trespassing can be charged as a felony or misdemeanor depending on the circumstances. For example, if a person unlawfully enters or refuses to leave another person’s home, it is considered a class 5 felony, punishable with 1 to 3 years in the Colorado Department of Corrections. If the same person had unlawfully entered or refused to leave another person’s car, it would be charged as a class 3 misdemeanor, punishable with up to 6 months in Weld County Jail. If the naked man from the story had been a trespasser, he would have been facing a felony charge.
Have you been charged with Trespassing or Burglary? Call the experienced lawyers from the O’Malley Law Office to defend you today!
Have you been charged with Trespassing or Burglary? Call the experienced lawyers from the O’Malley Law Office to defend you today!
Burglary in Weld County
Much like Trespassing, Burglary is also charged when someone unlawfully enters or refuses to leave the premises of another. However, there is an added element of intent to commit another crime:
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Burglary |
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| 1st Degree Burglary – C.R.S. 18-4-202 | *knowingly and unlawfully entering or remaining in a building or occupied structure with intent to commit another crime and assaults or menaces any person, is armed with explosives, or possesses or uses a deadly weapon |
| 2nd Degree Burglary – C.R.S. 18-4-203 | *knowingly and unlawfully entering or remaining in a building or occupied structure with intent to commit another crime |
| 3rd Degree Burglary – C.R.S. 18-4-204 | *entering or breaking into any vault, safe, cash register, coin vending machine, product dispenser, money depository, safety deposit box, coin telephone, coin box, or other apparatus with the intent to commit another crime |
Most often in Weld, Morgan, and Logan County, we see Burglary charged when someone has broken into a house with the intent to commit Theft. But it does not have to be connected to a Theft. If someone entered a house to commit an Assault or an act of Criminal Mischief, they would be charged with Burglary. If the naked man in the story had broken into the house to steal some jewelry, he would have been charged with Second Degree Burglary – a class 3 felony punishable with 4-12 years in the Colorado Department of Corrections.
If you or someone you love has been charged with Criminal Trespass / Trespassing or Burglary, 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 to set up a free consultation. Together, we can protect your future.
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