In Fort Collins and Loveland, Trespassing is charged when a person is accused of unlawfully entering or staying on someone else’s property without permission. The degree of Trespass charged is heavily based on the type of property. A man was recently arrested for Trespassing after law enforcement was called about a man unlawfully on private property. The property owner confronted the man, who fled, but no before he allegedly showed a gun. The man was eventually located and arrested. If this had occurred in Colorado, he would not only have been facing the Trespassing charges, but also likely a felony Menacing charge as well.
Larimer County Second Degree Criminal Trespass: How is 2nd Degree Trespassing Charged in Colorado
The Larimer County, Colorado law definition of Second Degree Criminal Trespass – C.R.S. 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 type of property involved in the case above was not disclosed. If the property was fenced off, then Second Degree Trespassing would be charged.
Third Degree Criminal Trespass in Loveland: What is 3rd Degree Trespassing in Colorado?
The Loveland, Colorado law definition of Third Degree Criminal Trespass – C.R.S. 18-4-504 – is:
If the property the man was on was private property, but no enclosed or fenced, then it would be a 3rd Degree Trespass charge.
Penalty for Trespassing in Fort Collins and Larimer County
In Loveland, Fort Collins, and across Larimer County, Second Degree Criminal Trespass for unlawfully entering or remaining on fenced property is a petty offense. However, it is a class 5 felony if the land is agricultural land and the person has the intent to commit a felony on the land. Similarly, for Third Degree Criminal Trespassing, it is a petty offense but if it is agricultural land, it is also a felony if the person has the intent to commit a felony on the land.
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 a free initial consultation. Together, we can protect your future.
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