It is a crime in Fort Collins and throughout Colorado to unlawfully enter or remain on another’s premises. Your intent behind the entry can mean the difference between being charged with Criminal Trespass or Burglary. Either offense can be a misdemeanor or felony crime, but Burglary tends to be a more severe offense than Trespassing. As such, you could face several years in a Colorado prison, tens of thousands of dollars of fines, and other penalties. Below, our top criminal defense lawyers discuss the difference between Criminal Trespass and Burglary at the Larimer County Courts:
1. What is Criminal Trespass, C.R.S. 18-4-502+, at the Larimer County Courts?
At the Larimer County Courts, Criminal Trespass, C.R.S. 18-4-502+, is the act of entering or remaining unlawfully on another’s premises. There are three degrees of Trespassing in Colorado, depending on where the person trespassed. Criminal Trespass is generally a petty offense or misdemeanor, but can be a felony offense in some circumstances.
2. Fort Collins Definition of Burglary, C.R.S. 18-4-202+
Burglary, C.R.S. 18-4-202+, is charged whenever a person unlawfully enters or remains on another’s premises with the intent of committing another crime once in or on the property. Like Criminal Trespass, Colorado law recognizes three different degrees of Burglary. The degree of Burglary charged depends primarily on where the person unlawfully entered or remained, and whether he was armed with a deadly weapon or rendered serious bodily injury to another during the burglary.
3. What is the Difference Between Trespassing and Burglary in Loveland and Estes Park?
Both Trespassing and Burglary are charged in Loveland and Estes Park when a person unlawfully enters or remains upon another’s property. The difference is in whether the person then intends to commit a crime once on the property. Most of the time, Criminal Trespass is only charged for the unlawful entry or remaining on another person’s property. In other words, the person who trespassed does not intend to then commit another crime once on the property. There are some exceptions – for example, First Degree Criminal Trespass can be charged if a person enters any motor vehicle to commit a crime therein.
Burglary is charged when another person enters or remains unlawfully on another’s premises to commit another crime there. Often, people commit Burglary with the end goal of committing an act of Theft, but this is not always the case.
4. Penalties for Criminal Trespass and Burglary at the Larimer County Courts
At the Larimer County Courts, Burglary tends to be a more severe charge than Criminal Trespass. Trespassing can be a felony offense, but it is usually a petty offense or misdemeanor. By contrast, Burglary is almost always a felony. Specific penalties vary, depending on the degree of Criminal Trespass or Burglary. However, a general overview of the penalties a defendant would face are listed below:
Penalties: Misdemeanor Conviction – most Trespassing charges |
Penalties: Felony Conviction – most Burglary charges |
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Regardless of whether you are facing misdemeanor or felony charges, it is essential that you hire a top criminal defense lawyer. Both Criminal Trespass and Burglary can have life-changing impacts on your future if you are convicted. An experienced lawyer can protect you from these repercussions by negotiating a plea bargain or fighting for a reduction or dismissal of charges. Don’t wait to call us today – your future and freedom are on the line. We can help you protect both.
Have you been charged with Burglary or Criminal Trespass? First, exercise your right to remain silent. No matter what the Fort Collins Police tell you, do not talk to them about your charges. Then call (970) 658-0007 to talk to one of our top criminal defense lawyers about your case today. Together, we can protect your future.
The location for the Larimer County Courthouse is Laporte Avenue, Fort Collins, Colorado. We’ll see you there!
Photo by Rafael Classen, rcphotostock.com