When we think of Trespassing in Fort Collins and Larimer County, what usually comes to mind is breaking into someone’s home or jumping a fence to go onto someone’s property. Basically, Trespass is charged when someone is somewhere they aren’t supposed to be. Did you know that a consequence of Second Degree Trespass is having your driver’s license revoked? That’s right. If you plead to a certain subsection under the Second Degree Trespassing statute, your driver’s license will be taken. Wondering what the connection is? Let’s look at the statute to find out.
Larimer County Second Degree Criminal Trespass Lawyer: Definition of Trespass in Colorado
The Larimer County, Colorado law definition of Second Degree Criminal Trespass – C.RS. 18-4-503 – is:
(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.
The last subsection, part (c), is the subsection in question. Pleading to subsection (c) will not only result in a criminal conviction on your record, but will also mean you lose your license.
Sentence for Second Degree Trespassing – Driver’s License Revoked in Loveland and Estes Park
In Fort Collins, Loveland, and Estes Park Second Degree Criminal Trespass is a class 3 misdemeanor, but:
- It is a class 2 misdemeanor if the premises have been classified by the county assessor for the county in which the land is situated as agricultural land pursuant to section 39-1-102 (1.6), C.R.S.; and
- It is a class 4 felony if the person trespasses on premises so classified as agricultural land with the intent to commit a felony thereon.
As mentioned above, subsection (c) deals with vehicles. So, automatically, your driver’s license will be revoked if you plead to this charge. It’s strange though, because driving may not even be an issue. Let’s say you and your girlfriend are having an argument parked in her car and she tells you to get out. You refuse as you want to work through your disagreement. Yelling ensues and someone nearby calls the police to report the argument. You are then charged and arrested for Second Degree Trespass – Domestic Violence and now run the risk of losing your license. Even though driving had absolutely nothing to do with the interaction.
If you or someone you love has been charged with Second Degree Trespass and run the risk of having your driver’s license revoked, 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 your free initial consultation. Together, we can protect your future.
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