Trespass in charged in Fort Collins and Larimer County when a person is accused of unlawfully entering or remaining on property belonging to someone else. Let’s look at some frequently asked questions related to Trespassing charges in Loveland and across Colorado.
Larimer County Trespass Attorney: What Are the Colorado Trespassing Laws?
In Larimer County, Colorado, there are three degrees of Trespass that a person can be charged with. They are defined as follows:
First Degree Criminal Trespass – C.R.S. 18-4-502:
(a) Knowingly and unlawfully enters or remains in a dwelling of another; or
(b) Enters any motor vehicle with intent to commit a crime therein.
Second Degree Criminal Trespass – C.R.S. 18-4-503:
(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.
Third Degree Criminal Trespass – C.R.S. 18-4-504:
Lawyer for Loveland Criminal Trespass: What is the Penalty for Trespassing in Colorado?
For First Degree Criminal Trespass, it is charged as follows:
- First degree criminal trespass for entering or remaining in a dwelling is a class 1 misdemeanor, but it is a class 6 felony if the dwelling is inhabited or occupied.
- First degree criminal trespass for entering a motor vehicle with intent to commit a crime therein is a class 1 misdemeanor.
For Second Degree Criminal Trespassing, it is charged as follows:
- Second degree criminal for entering or remaining on the eclosed premises of another or for entering or remaining in the common areas of a hotel, motel, or apartment is a petty offense, but it is a class 5 felony if the person trespasses on premises so classified as agricultural land with the intent to commit a felony thereon.
- Second degree criminal trespass for entering or remaining in a motor vehicle of another is a class 2 misdemeanor.
For Third Degree Criminal Trespass, it is charged as follows:
- Third degree criminal trespass is a petty offense, but it is a class 5 felony if the person trespasses on premises classified as agricultural land with the intent to commit a felony thereon; except that it is a class 6 felony if the agricultural land did not have a fence securing the perimeter.
What Makes Trespassing a Felony?
No matter which degree of Trespass that is charged in Loveland and across Larimer County, if agricultural land is involved, it is considered aggravated and charged as a felony crime.
If you or someone you love has been charged with Criminal Trespass, 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 Cesar Perez