Fort Collins Top Third Degree Criminal Trespass Lawyer
Trespass Charges for Not Wearing a Mask?

A woman was arrested and charged with Trespassing after refusing to wear a mask at a store. Read more here.

Third Degree Criminal Trespass is charged in Fort Collins and Larimer County when a person stays on the premises of another after being told to leave. A woman was recently arrested and charged with Trespass and Resisting Arrest after violating a store’s policy and refusing to wear a mask. According to the report, the woman was approached by store employees as she was shopping without a mask. When asked, she refused to put one on. Law enforcement was called and when they arrived, she refused to provide them with her identifying information. She then resisted as they handcuffed her and took her to the police cruiser. She is currently out on a $5,000 bond.

Larimer County Third Degree Criminal Trespass Attorney: Definition of 3rd Degree Trespassing

The Larimer County, Colorado, law definition of Third Degree Criminal Trespass – C.R.S. 18-4-504 – is:

A person commits the crime of third degree criminal trespass if such person unlawfully enters or remains in or upon premises of another.

Even if a place is open to the public, if you are asked to leave and refuse, then you can be charged with Trespassing. The same applies to someone’s home. You may initially have been allowed in, but if something changes are you are asked to leave, refusing can result in a criminal Trespass case. In this case, the woman didn’t unlawfully enter the store, but unlawfully remained after she was asked to leave for violating the store’s mask policy.

Sentence for Refusing to Wear a Mask Trespassing in Loveland and Estes Park

In Fort Collins, Loveland, and Estes Park, Third Degree Criminal Trespass is a class 1 petty offense. A class 1 petty offense is punishable by up to 6 months in the Larimer County Jail and up to $500 in fines. This crime can also be charged as a class 3 misdemeanor if the trespass occurs on agricultural land. Even worse, if the land is considered agricultural and the intent of the trespass is to commit a felony thereon, then it is a class 5 felony.


If you or someone you love has 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 your free initial consultation. Together, we can protect your future.

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