Trespassing may seem like a minor offense, but in Colorado, it can carry serious criminal consequences, especially if you’re charged with felony Trespassing. Whether you were in the wrong place at the wrong time or facing a misunderstanding, it’s important to understand what Trespassing really means under Colorado law.
Here are answers to some of the most common questions we get from clients facing Trespassing charges.
Larimer County Trespass Defense Lawyer: What Is Trespassing Under Colorado Law?
In Larimer County, Colorado, Trespassing involves entering or remaining on someone else’s property without permission. The law breaks this down into three degrees:
What Are the Degrees of Trespassing? A Loveland Trespassing Attorney Explains
Third Degree Trespass (C.R.S. § 18-4-504)
- Entering or remaining unlawfully on someone’s premises (land, property, or enclosed area).
- Usually charged as a class 1 petty offense, unless the land is agricultural (can then be a class 6 felony or a class 5 felony if intent is to commit a felony).
Second Degree Trespass (C.R.S. § 18-4-503)
- Unlawfully entering or remaining in an enclosed or fenced-off area, a common area of a hotel or apartment, or a vehicle.
- Can be a petty offense, class 2 misdemeanor, or class 5 felony, depending on circumstances.
- Common examples: jumping a fence, being in someone’s yard or car without permission.
First Degree Trespass (C.R.S. § 18-4-502)
- Knowingly entering someone’s home or another dwelling without permission, entering a motor vehicle with intent to commit a crime therein.
- Can be a class 1 misdemeanor or class 6 felony, depending on the situation.
Can I Be Charged with Trespassing Even If I Didn’t Know I Was on Private Property in Loveland?
Yes. In some cases, especially third-degree trespass, intent is not always required. You can still be charged even if you didn’t realize the property was private, fenced, or off-limits.
However, lack of intent or knowledge may be a valid defense, depending on the facts of the case.
Is Trespassing the Same as Burglary in Estes Park?
No. Burglary involves entering a property with the intent to commit a crime, like Theft or Assault. Trespassing, on the other hand, only involves being where you’re not supposed to be.
Still, first-degree trespass and burglary can look similar to prosecutors—and if they believe you were there to commit another crime, your charges could be upgraded.
Will a Larimer County Trespassing Conviction Stay on My Record?
Yes, unless it’s sealed or expunged. A misdemeanor or felony conviction for Trespassing can show up on background checks and affect jobs, housing, or professional licenses. However, many Trespassing charges, especially if dismissed or reduced, may be eligible for sealing.
What Should I Do If I’m Charged with Trespassing in Colorado?
Don’t ignore it. Even petty offenses can have long-term consequences if not handled properly. A knowledgeable Colorado criminal defense attorney can:
- Review your case
- Evaluate the strength of the evidence
- Identify defenses or constitutional issues
- Negotiate with prosecutors
- Represent you in court
Contact a Colorado Trespassing Defense Lawyer Today
If you or someone you care about is facing Trespassing charges in Colorado, we’re here to help. At O’Malley Law Office, we’ve handled everything from petty trespass cases to felony level accusations. We’ll work to protect your rights, your record, and your future.