Criminal Trespass – also referred to as Trespassing – can be a petty offense, misdemeanor, or felony in Greeley, Colorado, depending on the intent and where the trespass occurred. The best Weld County criminal defense lawyers at the O’Malley Law Office know that a dismissal or reduction of charges can only happen in these cases with an experienced attorney fighting for you. Below, our attorneys discuss Trespassing charges, and the differences between each degree of Criminal Trespass. If you are facing Trespassing charges in Fort Collins or Larimer County, get help here.
Colorado’s Criminal Trespass Laws | How Do the Weld County Courts Define Trespassing?
Colorado’s Criminal Trespass laws, recognized by the Weld County Courts and other criminal courts in Colorado, divide Trespassing into three different degrees. Each Trespassing charge is defined as follows:
First Degree Criminal Trespass, C.R.S. 18-4-502 | 1st Degree Trespassing
(1) A person commits the crime of first degree criminal trespass if such person:
(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.
Second Degree Criminal Trespass, C.R.S. 18-4-503 | 2nd Degree Trespassing
A person commits the crime of second degree criminal trespass if such person:
(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.
Third Degree Criminal Trespass, C.R.S. 18-4-504 | 3rd Degree Trespassing
A person commits the crime of third degree criminal trespass if such person unlawfully enters or remains in or upon premises of another.
What is the Difference Between the 3 Degrees of Trespassing in Greeley, Colorado?
In Greeley, Colorado, the difference between the 3 degrees of Trespassing – 1st Degree Trespassing, 2nd Degree Criminal Trespass, and 3rd Degree Trespassing – is the type of property that the defendant was on and the intent for being on the property. Below are examples of each type of Trespassing charge in Weld County:
First Degree Criminal Trespass: Sue walks into another person’s house uninvited while the front door is open. Because 1st Degree Trespassing can be charged for unlawfully entering or remaining in another’s dwelling, Sue will likely be charged with this offense.
Second Degree Criminal Trespass: A homeless man sees a hotel and decides to sleep in the lobby of the building. He could be charged with 2nd Degree Trespassing, because one way this offense is charged is for unlawfully entering or remaining in a hotel, condo, or apartment lobby.
Third Degree Criminal Trespass: While out hunting, Matt decides to leave the trail and cross onto property that is marked private by a sign. He could face 3rd Degree Trespassing charges if he is caught. If the property were fenced off, however, Matt would instead be charged with 2nd Degree Trespassing.
Weld County Jail Time and Other Penalties for a Trespassing Conviction
Time at the Weld County Jail and other penalties for a Trespassing conviction depend on the degree with which the defendant was charged. 3rd Degree Trespassing is usually a petty offense, with penalties of up to 10 days in the Weld County Jail and/or a fine of up to $300.
A 2nd Degree Trespassing conviction is also a petty offense, unless the defendant unlawfully entered or remained in a vehicle. In this case, it is a class 2 misdemeanor, with penalties of up to 120 days in the Weld County Jail and up to $750 in fines.
If a defendant is convicted of 1st Degree Trespassing for unlawfully entering or remaining in a motor vehicle with the intent to commit a crime or an unoccupied dwelling, it is a class 1 misdemeanor. Penalties include up to 364 days in the Weld County Jail and up to $1,000 in fines. However, if the defendant trespassed in a building that was occupied at the time of the trespass, it is instead a class 6 felony. Penalties then increase to 1 year – 18 months in a Colorado State Prison, $1,000 – $100,000 in fines, and 1 year of mandatory parole after release from prison. It is important to note that the penalties increase significantly if the land that the defendant trespassed upon was classified as agricultural land.
Are you facing a Criminal Trespass charge? Before you head to the Weld County Courthouse, exercise your right to remain silent and contact the best criminal defense attorneys in Northern Colorado. Call 970-616-6009 to discuss your charges with an experienced criminal defense lawyer today. Together, we can protect your future.
The location for the Weld County Courthouse is 901 9th Avenue, Greeley, Colorado. We’ll see you there!
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