Did you know you can commit the crime of Trespass without knowing it? In hunting season last fall, a hunter was found driving his all-terrain vehicle on private property, looking for elk. It turns out the man had been hunting on a ranch where he had hunted for years, but recently the property had been split up and managed as two different properties. The owner of the property confronted the hunter, and he was charged with Hunting, trapping, or fishing on private property- posting public lands – C.R.S. 33-6-116. Because of this misunderstanding, the hunter very well could have been charged with Second or Third Degree Trespass as well – which is a more serious offense.
Be Careful Where You Wander in Weld, Morgan and Logan County
It’s easy to get carried away when you’re exploring the beautiful outdoors in Colorado. It’s even easier to wander onto private property when you’re hunting in Greeley, Evans, or Erie. Be careful where you wander, however – you could face serious criminal charges which would have a negative effect on your future.
A Bit About Trespassing Charges in Colorado
Second Degree Trespassing charges (C.R.S. 18-4-503) are filed after a person allegedly:
- “Unlawfully enters or remains in or upon the premises of another which are enclosed in a manner designed to exclude intruders or are fenced.”
- There are other instances where a person will be charged with 2nd degree trespassing, such as “knowingly” entering or remaining in a motor vehicle, or in the common areas of a condo, hotel, motel, etc.
Third Degree Trespassing charges (C.R.S. 18-4-504) are filed when a person is accused of:
- Unlawfully entering or remaining in or upon the premises of another.
It is important to notice the word “knowingly” does not appear in these two instances. This means you could face Trespassing charges for actions you weren’t even aware you were committing. Crimes like these are called “strict liability” crimes, because there is no “mens re” (guilty mind) requirement. In strict liability offenses, people can be found guilty even though their conduct is innocent and not intentional.
You can be found guilty of a crime even when your conduct was innocent and unintentional.
Did You Wander? Why You Need an Experienced Criminal Lawyer
If you wandered while hunting or exploring, and are now facing Trespassing charges, don’t hesitate to contact an experienced criminal lawyer immediately. Depending on the circumstances, you could be facing consequences ranging from a class 1 petty offense up to a class 4 felony. The felony charge carries a possible penalty of up to 6 years in prison. Don’t let a day out hunting, hiking or exploring end with a criminal charge. Call our experience lawyers who will fight on your behalf.
If you or a loved one is facing Trespassing charges after wandering while hunting, be smart, exercise your right to remain silent, and contact an experienced criminal defense attorney at the O’Malley Law Office at 970-616-6009, or submit the “Get Help Now” form.
Together, we can protect your future.
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