Loveland Trespass Attorney: When Is Trespassing a Felony in Colorado?
Most Trespass allegations are misdemeanors, but some conduct is charged as a felony. Under C.R.S. 18-4-502, First Degree Criminal Trespass generally involves knowingly and unlawfully entering or remaining in a dwelling of another, or entering a motor vehicle with the intent to commit a crime inside. Classification depends on the circumstances alleged:
- Class 6 felony: can apply when the alleged Trespass involves a dwelling and the dwelling is inhabited or occupied.
Under C.R.S. 18-4-503, Second Degree Criminal Trespass is a class 5 felony when a person enters or remains on agricultural property that is fenced to exclude intruders with the intent to commit a felony.
Similarly, Third Degree Trespassing is a class 5 felony if the person enters or stays on agricultural land with the intent to commit a felony, but a class 6 felony if the land does not have a fence.
What Are the Penalties for Felony Trespassing in Fort Collins?
A felony Trespass conviction can carry serious consequences, including:
- Prison or community corrections: the range depends on the felony class
- Fines and restitution: for property damage or loss
- Probation or parole: with strict supervision conditions
- Felony record: which can affect employment, housing, professional licensing, and firearm rights
Trespass is often charged alongside Burglary, Theft, or Criminal Mischief, which can increase total exposure.
How Are Felony Trespass Cases Handled in Larimer County?
Cases arising in Fort Collins, Loveland and across Larimer County are investigated by agencies such as the Fort Collins Police Department or the Larimer County Sheriff’s Office and prosecuted by the Larimer County District Attorney’s Office in the Larimer County courts. Larimer County’s agricultural and energy landscape means Trespass allegations can involve farmland, ranches, and oil and gas sites. Evidence may include surveillance footage, trail cameras, witness statements, and property owner reports.
Frequently Asked Questions about Trespassing
Can Criminal Trespass be a felony in Colorado?
Yes. First Degree Criminal Trespass, Second Degree Criminal Trespassing and Third Degree Trespass all have certain enhanced offenses that can be charged as felonies.
Is Trespassing the same as Burglary?
No. They are separate offenses, though they are often charged together.
Can I be charged if I did not take anything?
Yes. Unlawful entry with alleged criminal intent can be enough.
Should I talk to police before hiring an attorney?
No. You have the right to remain silent and the right to counsel.
If you’ve been charged with Trespassing, be smart, exercise your right to remain silent and contact the best criminal defense attorneys from the O’Malley Law Office at 970-658-0007 to schedule a free initial consultation. Together, we can protect your future.
Photo by Ryan Lansdown