Did you know that walking into the wrong house could result in a charge for First Degree Trespass – C.R.S. 18-4-502? While it seems unlikely that you would mistake another person’s house for your own in Fort Collins, Loveland or Estes Park, imagine that you’ve been drinking a little bit too much and are disoriented. It’s not uncommon to hear stories about people wandering into the wrong house. Unfortunately, sometimes the result is a lawful shooting by the homeowner after a warning. Not only might you have to recover from injuries, you will likely also face felony Trespass charges. Most counties handle 10 to 15 cases that involve drunken trespassing every year. This happens more often than you think – good people making bad decisions which can destroy their lives.
What is First Degree Trespass in Larimer County?
You will be charged with First Degree Trespass in Fort Collins and Larimer County if you “knowingly and unlawfully” enter (or remain) in a dwelling of another person, or if you enter a motor vehicle with the intent to commit a crime. This offense is a class 5 felony in Colorado, which means you could face up to 3 years in the Colorado Department of Corrections.
Entering into a dwelling is considered to be a more serious offense. If you enter a building, a hotel, condo, apartment building, or remain unlawfully in a motor vehicle, you will be charged with Second Degree Trespass – C.R.S. 18-4-503 or Third Degree Trespass – C.R.S. 18-4-504. Whether you are charged with misdemeanor trespassing or felony trespassing in Larimer County, a conviction can have serious consequences for your future.
Burglary and Trespassing: Closely Connected
Burglary – C.R.S. 18-4-203, is closely connected to Trespassing. You will be charged with Burglary if you unlawfully enter or remain on the premises or home of another person with the intent to commit a crime. The intent to commit another offense must be present in order to be charged with Burglary, but it doesn’t necessarily have to be a logical, thought-out crime. I once read a story about a man getting charged with Burglary after he drank too much, mistakenly entered someone’s home, and picked up a child’s shoe. He was charged with felony Burglary because he was attempting to steal the shoe (the underlying crime was Theft – C.R.S. 18-4-401).
If you or a loved one has been charged with Trespassing in Fort Collins, Windsor or Wellington, be smart, exercise your right to remain silent, and contact an experienced criminal defense attorney at the O’Malley Law Office at 970-658-0007. Together, we can protect your future.
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