Fort Collins Trespass / Trespassing Lawyer for Larimer County

Trespassing in Fort Collins, Loveland and Estes Park is not usually charged because you entered the property of another at night intending to commit a crime, like Theft – C.R.S. 18-4-401 or Burglary – C.R.S. 18-4-202.  Instead, it is most often charged when friends get to drinking too much and someone refuses to leave another’s home.  Or, we see this crime charged when an angry neighbor seeks revenge and accuses you of trespassing on their property for entering their yard to retrieve a ball.  We know you are not a professional criminal earning your living committing the crime of Trespass – and your criminal record should make this clear.  However, when you are charged with this serious crime, future employers, those conducting background checks, and apartment managers will assume the worst. It is vital that you work with an experienced trespassing lawyer in Fort Collins and throughout Larimer County.

Elements of Different Trespass / Trespassing Charges

Trespassing in Larimer County, Colorado, is defined at C.R.S. 18-4-502, First Degree Trespass; 18-4-503, Second Degree Trespass; and 18-4-504, Third Degree Trespass.  Generally speaking, this crime simply means that a person entered or remained on the property of another.  Here are further elements of Trespass which distinguish each class of this crime:

First Degree Trespass / Trespassing – C.R.S. 18-4-502

First Degree Trespass / Trespassing is charged when a person knowingly and unlawfully enters or remains in a dwelling of another or if they enter any motor vehicle with intent to commit a crime therein. This is a class five felony.

Second Degree Trespass / Trespassing – C.R.S. 18-4-503

Second Degree Trespass / Trespassing is charged when someone unlawfully enters or remains in or upon the premises of another which are enclosed in a manner designed to exclude intruders or which are fenced; or knowingly and unlawfully enters or remains in or upon the common areas of a hotel, motel, condominium, or apartment building; or knowingly and unlawfully enters or remains in a motor vehicle of another.  This crime can be classified as a misdemeanor or a felony.  If the trespass is related to entry of a motor-vehicle, upon conviction or plea, the defendant’s driver’s license “shall be revoked”.  C.R.S. 42-2-125.

Third Degree Trespass / Trespassing – C.R.S. 18-4-504

Third Degree Trespass / Trespassing is charged when a person unlawfully enters or remains in or upon the premises (not dwelling) of another.  This crime can be charged as a petty offense, misdemeanor or class five felony, depending on the circumstances.

Why You Need an Experienced Trespass / Trespassing Lawyer in Fort Collins

Regardless of the class of this crime, each can be charged as felony, resulting in serious life-long consequences.  Don’t allow a neighbor dispute or family to feud result in the destruction of your reputation and criminal history.  Your situation needs to be distinguished from the professional thief’s trespassing with the district attorney, judge and public.  A dismissal needs to be thoroughly reviewed and presented to the Larimer County DA.  We can do this for you and limit the harmful consequences of your charges.

If you are contacted by police or sheriff for Trespass / Trespassing charges, be smart, exercise your right to remain silent, and call the experienced Larimer County criminal defense lawyers at the O’Malley Law Office today, at 970-658-0007, or submit the “Get Help Now” form.  Together, we can protect your future.