When a person alleges that our client has entered their property without consent, this usually results in District Attorneys and Larimer County Sheriff charging our client with Second Degree Criminal Trespass / Trespassing.
Elements of Second Degree Trespassing
Second Degree Trespass involves:
- unlawfully entering someone’s property only, not their house.
- the property must in some way be fenced in or have another form of enclosure to deny public access.
Occasionally this charge is applied when our client goes into someone else’s vehicle for any reason other than to commit a crime. In Fort Collins, as well as all of Larimer, Grand, and Boulder County, having an experienced and knowledgeable attorney is vital. It is critical that you contact a trustworthy lawyer immediately and not speak with the police in any manner.
Sentence for Second Degree Criminal Trespass C.R.S. 18-4-503
As a Class 2 or 3 misdemeanor, Second Degree Criminal Trespass- C.R.S. 18-4-503 – is punishable by serving time in the county jail. You may find yourself being charged and potentially serving probation or this jail time in Fort Collins, Colorado at the Larimer County jail, or in the neighboring Boulder County jail, or Grand County jail. In order to be found guilty of this crime, the evidence must prove that the accused entered or stayed in one of the following locations:
- on someone else’s property where the premises was set up to prohibit access by intruders
- in the common areas of an apartment, a condominium, or a hotel
- in someone else’s vehicle
If ever asked to vacate an area or someone else’s property, the law states that the person is required to leave immediately. A dependable and capable criminal defense lawyer is necessary to defend you against these accusations and minimize the possibility of you going to jail.
Examples of Second Degree Trespassing Cases
In our experience, we frequently deal with Trespassing cases where a person remains on the property of another person even after being asked to leave. On many occasions, the accused crime is connected with an ex-relationship, alcohol or loitering.
Why You Need a Lawyer for Your Trespassing Charges
Facing jail time for your Trespass charge could seriously disrupt your life and affect your future. The criminal defense attorneys at our office have over 20 years of experience fighting for clients who are charged with Second Degree Criminal Trespass. They have the expertise and knowledge to guide you through the criminal justice system and get an acquittal or dismissal in your case. Contact the O’Malley Law Office to speak with an informed criminal defense lawyer to help you today.