Larimer County Trespassing Attorney
Former Broncos Player Pleads Guilty to Second Degree Trespass

A former Bronco player recently pled to misdemeanor Second Degree Trespassing to avoid a felony conviction. Read more here.

Second Degree Criminal Trespass is charged in Fort Collins and Larimer County when a person enters or remains on someone else’s enclosed property without permission. You may remember that not too long ago I wrote a blog about a Bronco’s player who was charged with First Degree Criminal Trespass after entering into a home and sitting on the couch – uninvited. The homeowner attacked him and he quickly left the home. The Bronco’s player was found a few blocks away and arrested. He since entered into a plea agreement, where he pled to Second Degree Trespassing. He was sentenced to 1 year of probation with 50 hours of useful public service (community service). This meant he was able to get a misdemeanor instead of a felony.

Fort Collins Second Degree Criminal Trespass Lawyer: Definition of 2nd Degree Trespassing in Larimer County

The Larimer and Boulder, Colorado law definition of Second Degree Criminal Trespass – C.R.S. 18-4-503 – is:

(1) A person commits the crime of second degree criminal trespass if such person:

(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.

The difference between First and Second Degree Trespass is the type of premises. 1st Degree Trespassing is charged when a person enters a dwelling, like the Broncos player did. Entering into someone’s home is seen as aggravated, which is why it is charged as a felony. Second Degree Criminal Trespass is generally charged when a person enters into a yard or fenced property, a building, or some other property that is enclosed, but not a home.

Sentence for Second Degree Criminal Trespassing in Loveland and Estes Park

In Fort Collins, Loveland, and Estes Park, Second Degree Criminal Trespass is a class 3 misdemeanor unless an aggravating factor is present. If the land is considered agricultural land, then it is a class 2 misdemeanor. If the land is agricultural and the person entered with the intent to commit a felony, then it is a class 4 felony. The former Bronco plead to the added misdemeanor charge.

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 consultation. Together, we can protect your future.