Most people think of Trespassing as a minor infraction maybe leading to a slap on the wrist, maybe a small fine. Walk onto someone’s property without permission, get told to leave, and go home. But in Fort Collins, Loveland, and Estes Park, Colorado, Trespassing can be charged as a felony, carrying serious prison time, steep fines, and a criminal record that follows you for life. If you or someone you love is facing a Trespass charge in Larimer County, understanding the law, and acting quickly, can make all the difference.
Colorado’s Trespassing Laws: Three Degrees, Very Different Consequences
Colorado law divides Criminal Trespass into three degrees under C.R.S. § 18-4-502 through 18-4-504, and the distinction between them matters enormously.
Third Degree Criminal Trespass is the most common and the least serious. It involves unlawfully entering or remaining on someone else’s land or premises. In most cases, this is a petty offense, but it can escalate to a class 5 or class 6 felony if the property is agricultural land and the defendant intends to commit a felony while there.
Second Degree Criminal Trespass involves unlawfully entering or remaining in a common area of a hotel, motel, condominium, or apartment building, or in a fenced agricultural area. Second Degree Trespass can be charged as a petty offense, class 2 misdemeanor, or class 5 felony depending on the circumstances.
First Degree Criminal Trespass is where things turn serious fast. Under C.R.S. § 18-4-502, a person commits First Degree Trespassing when they knowingly and unlawfully enter or remain in a dwelling (a place used as a permanent or temporary home.) This is a class 6 felony if the dwelling is inhabited or occupied, punishable by 1 to 3 years in the Colorado Department of Corrections.
When Does a Trespassing Charge Become a Felony in Larimer County?
In Larimer County, prosecutors take felony Trespassing charges seriously; especially those involving residential properties, schools, and agricultural land that is so central to our region’s economy. Here are the most common scenarios where a Trespassing charge crosses the line into felony territory:
- Entering a dwelling without permission, even if the person believes no one is home
- Trespassing with intent to commit another crime, such as Theft, Assault, or Vandalism and prosecutors don’t need to prove the crime was completed, only that the intent existed
- Trespassing on agricultural land to commit a felony, which is particularly relevant in the rural areas surrounding Fort Collins, Loveland, and Estes Park
The Fort Collins Police Department and the Larimer County Sheriff’s Office actively investigate these cases, and the Larimer County District Attorney’s Office has been known to pursue felony charges even in cases that defendants initially believe are minor misunderstandings.
Charged with Trespassing? What Penalties Are You Facing?
A class 6 felony in Colorado is not something to take lightly. A conviction means:
- A permanent felony record that affects employment, housing, and professional licensing
- Potential prison time of 12 to 18 months (or more if other charges are involved)
- Loss of certain civil rights, including the right to possess firearms
The earlier you involve a defense attorney, the more options you have. Evidence can be preserved, witnesses can be interviewed while memories are fresh, and in some cases, early intervention can prevent formal charges from ever being filed.
Talk to a Fort Collins Criminal Defense Attorney Today
If you are facing a felony trespassing charge in Larimer County, whether the incident occurred in Fort Collins, Loveland, Berthoud, Windsor, or anywhere else in the county, you need an attorney who knows this courthouse, these judges, and these prosecutors. Every case is different, and a thorough defense strategy starts with a confidential consultation. Don’t assume a Trespassing charge will resolve itself. Call our office today to discuss your situation and your options. Your future is worth defending.