Property crime charges can escalate quickly in Larimer County, and many residents are surprised at how serious the legal consequences can be. Trespassing and Burglary are often confused, but the distinction is critical: Burglary is trespassing with the intent to commit an additional crime, making it more serious.
As criminal defense attorneys practicing in Fort Collins, Loveland, Estes Park, Windsor, Timnath, Berthoud, Johnstown, Milliken, and surrounding areas, we regularly represent clients accused of entering property without permission. Understanding the differences between these charges, and how local law enforcement and Larimer County prosecutors treat them, can help you protect your rights.
Attorney for Trespassing Charges in Fort Collins
Trespassing occurs when someone enters or remains on someone else’s property without permission. In Larimer County, Colorado, trespassing is broken down into three degrees:
- Entering a dwelling (home, apartment, mobile home) without permission, or entering a vehicle with intent to commit a crime.
- Class 1 misdemeanor or class 6 felony, depending on the circumstances.
- Prosecutors take this seriously, especially in domestic disputes or when someone is inside the home.
- Entering an enclosed property, such as a fenced yard, business after hours, or a secured storage area.
- Usually a misdemeanor, but can escalate if agricultural property or livestock are involved.
- Entering any property without permission that is not enclosed or specifically restricted.
- Often a petty offense, but penalties can increase if agricultural property or livestock are involved.
Key point: Trespassing charges focus on being somewhere you’re not allowed to be. Intent to commit another crime is not required.
Larimer County Burglary Lawyer: What is Burglary in Colorado?
Burglary is more serious because it involves intent to commit a crime inside a structure. Under Colorado law:
- Burglary occurs when someone unlawfully enters or remains in a building or occupied structure with intent to commit a crime.
- The crime does not require actual theft or injury—just the intent to commit a crime at the time of entry.
Degrees of Burglary
- First Degree Burglary: Involves a dwelling, may include being armed, or causing/threatening injury.
- Class 3 felony: 4–12 years in prison (up to 24 if aggravated)
- Second Degree Burglary: Entering a building or structure with criminal intent; elevated penalties for residences.
- Class 4 felony: 2–6 years in prison, can be a class 3 felony if it involves a dwelling.
- Third Degree Burglary: Typically involves breaking into safes, vaults, or certain equipment with intent to commit a crime.
Key point: Burglary is a felony crime of intent, whereas trespassing focuses on unauthorized presence.
Trespassing vs. Burglary in Loveland: The Key Differences
|
Feature |
Trespassing |
Burglary |
| Intent to commit crime | Not required | Required |
| Severity | Misdemeanor to low-level felony | Usually a felony |
| Type of property | Open land, yards, stores, vehicles | Buildings, dwellings, or occupied structures |
| Potential consequences | Fines, possible jail, minor criminal record | Prison, permanent felony record, restrictions on housing, employment, and firearms |
Common Trespassing and Burglary Scenarios in Larimer County
Residents sometimes face charges in situations like:
- Entering a former home in Fort Collins or Loveland after a breakup
- Going into a shared garage or shed in Windsor or Johnstown
- Walking into the wrong apartment or house in Estes Park or Timnath
- Retrieving personal belongings after moving out
- Entering a closed business in downtown Fort Collins after hours
In many of these cases, police assume “intent to commit a crime” even if the entry was a misunderstanding.
Facing Trespassing or Burglary Charges in Larimer County?
Being charged does not mean you will be convicted. Many cases stem from misunderstandings, emotional situations, or assumptions by law enforcement. A skilled Larimer County criminal defense attorney can evaluate your case, protect your rights, and work toward the best possible outcome.
If you or someone you love has been charged with Trespassing or Burglary, 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. Together, we can protect your future.
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