In Loveland, Fort Collins and across Colorado, Trespassing is a commonly charged crime. There are three degrees of Trespass that can be charged – 1st, 2nd and 3rd Degree Trespassing. Let’s take a look at each of the three degrees of Trespass.
Fort Collins First Degree Criminal Trespass Attorney: What is 1st Degree Trespassing?
In Fort Collins, the 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.
Pretty straightforward – if you trespass in someone’s home or break into someone’s car to steal something, you will be charged with 1st Degree Trespassing. Each subsection is charged differently. First Degree Trespass is a class 1 misdemeanor, but is aggravated to a class 6 felony if someone is home when the trespassing occurs. For the trespassing of a vehicle, it is a class 1 misdemeanor.
Second Degree Criminal Trespass in Larimer County: How is 2nd Degree Trespassing Charged?
Second Degree Criminal Trespass in Larimer County – C.R.S. 18-4-503 – is defined as:
(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.
Basically, 2nd Degree Trespassing is charged when you unlawfully enter or remain on someone’s property or yard (not inside a home), in the lobby of an apartment or hotel, or in someone’s car. The way Second Degree Trespassing is charged is based on the subsection charged and type of property. For a charge under subsection (a) or (b) it is a petty offense, unless the property is agricultural land and there is an intent to commit a felony on the land – then it is a class 5 felony. This level trespass is a class 2 misdemeanor for trespassing in a vehicle.
Loveland Third Degree Criminal Trespass Lawyer: Defining 3rd Degree Trespassing in Colorado
The Colorado law definition of Third Degree Criminal Trespass – C.R.S. 18-4-504 – is:
Third Degree Trespassing is a catch all for any property not covered in the other two degrees. 3rd Degree Trespass is a petty offense, unless the premises is considered agricultural land. Then it is a class 5 felony if there was a fence and a class 6 felony if there is no fence.
If you or someone you love has been charged with Trespass in Larimer County, 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 David McElwee