Trespassing is a property crime in Fort Collins, Loveland and Estes Park. It’s charged when a person is accused of being somewhere they are allowed to be. There are three degrees of Criminal Trespass in Colorado and the penalties can range from a petty offense all the way to a felony. Let’s take a look at each degree of Trespass and the potential penalties for each.
Larimer County First Degree Criminal Trespass Lawyer: Definition of 1st Degree Trespassing
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.
If you are charged for entering or remaining in someone’s home without permission, then it is a class 1 misdemeanor charge. However, if there are people in the home when you are accused of Trespassing, then it is a class 6 felony. For entering a vehicle with the intent to commit another crime, it is a class 1 misdemeanor.
Second Degree Criminal Trespass Charges in Loveland: How is 2nd Degree Trespassing Charged?
The Loveland, 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.
This level of Trespass is charged if a person is unlawfully on someone’s premises. Premises means buildings (not a dwelling) or property/land. For a violation under subsection (a) or (b), it is a petty offense. However, if the land is agricultural and the person trespasses on the land with the intent to commit another felony on the land, then it is a class 5 felony. A violation of subsection (c) is a class 2 misdemeanor.
Fort Collins Third Degree Criminal Trespass Lawyer: How is 3rd Degree Trespass Charged in Colorado?
The Fort Collins, Colorado law definition of Third Degree Criminal Trespass – C.R.S. 18-4-504 – is:
So, if a person trespasses on someone’s unfenced or open property, it is a petty offense. Much like Second Degree Criminal Trespass, if the land is agricultural, is unfenced, and a person trespasses with the intent to commit a felony on the land, it is a class 6 felony.