First Degree Trespass is charged in Fort Collins and Larimer County when a person is accused of going into or staying in another person’s home without permission. Colorado law enforcement are currently looking for a squatter after a realtor reported that someone was unlawfully living in a home. According to the report, the realtor was showing the home, when it was realized that someone had been in the home. While details weren’t provided, whatever was found in the home gave the impression that a person was living there. It was also reported that some items had been stolen. My impression from the article was that the owner of the home was no longer living there. Through investigation, a suspect was identified and a Walmart surveillance video was used to help identify the wanted woman.
Larimer County 1st Degree Criminal Trespass Attorney: Definition of Trespass in Colorado
The Larimer County, Colorado law definition of First Degree Criminal Trespass – C.R.S. 18-4-502 – is:
(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.
The house is considered a dwelling and since the woman did not have permission to be there, then she illegally entered and remained in the home.
Sentence for First Degree Trespassing in Loveland and Estes Park
In Fort Collins, Loveland, and Estes Park, 1st Degree Trespassing can be charged as a felony or misdemeanor depending on the situation:
- First degree criminal trespass committed pursuant to subsection (1)(a) of this section is a class 1 misdemeanor, but it is a class 6 felony if the dwelling is inhabited or occupied.
- First degree criminal trespass committed pursuant to subsection (1)(b) of this section is a class 1 misdemeanor.
The woman would be charged under subsection (a) and since the house was unoccupied, she would be facing the class 1 misdemeanor.
If you or someone you love has been charged with First Degree 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 your free initial consultation. Together, we can protect your future.
Photo by Trinity Kubassek