There are three degrees of Trespassing a person can be charged with in Fort Collins and Larimer County. Whether someone is charged with First Degree Criminal Trespass, Second Degree Criminal Trespass or Third Degree Criminal Trespass, one thing is similar with all three – entering or remaining on property without consent. Now, most people think of someone hopping a fence or breaking into a house when they hear the term ‘trespassing,’ but it can be far less egregious than that. The part we are going to focus on today is remains. Remaining on property after begin told to leave is enough to get charged with Trespass. So, let’s say you are at your girlfriend’s home and the two of you are arguing. The neighbors hear and call the police to report the two of you are arguing. When they talk with your girlfriend, she mentions that she told you to leave, but you didn’t. She doesn’t want any criminal charges against you, but that doesn’t matter. Police arrest you for Trespassing as an act of Domestic Violence for remaining in her home. If someone tells you to get out and you don’t, Trespassing can be charged.
Larimer County First Degree Trespassing: Definition of 1st Degree Criminal Trespass in Colorado
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.
This would likely be what you would be facing in the example above because you remained in the home of your girlfriend. It is an aggravated trespass charge, because the elements involve someone’s home or committing a secondary crime in a car. First Degree Trespass is charged as follows:
(b) First degree criminal trespass committed pursuant to subsection (1)(b) of this section is a class 1 misdemeanor.
What is Second Degree Criminal Trespass in Loveland and Estes Park?
In Fort Collins, Loveland, and Estes Park, Colorado, Second Degree Criminal Trespass – 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.
Again, unlawfully entering or remaining on fenced property, hotel or apartment lobbies, or someone’s car will get you charged with this crime. 2nd Degree Trespass is charged as follows:
(b) Second degree criminal trespass in violation of subsection (1)(c) of this section is a class 2 misdemeanor.
Get Out! 3rd Degree Criminal Trespass Attorney
The Colorado law definition of Third Degree Criminal Trespass – C.R.S. 18-4-504 – is:
Basically, if none of the other circumstances apply, then this is the catch-all charge they can fall back on. It is charged as follows:
(b) It is a class 5 felony if the person trespasses on premises so classified as agricultural land with the intent to commit a felony thereon.
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. We also practice in Greeley / Weld County – CLICK HERE to visit our Weld County site. Together, we can protect your future.
Photo by Filip Szyller